[WSBAPT] Is this CPA worded so as to pass title to real property?

[Stuart Scarff]

Genissa,

Provided the CPA leaves the deceased spouse’s share of the community property to the surviving spouse and the CPA confirms the real property in question was “community” property, the CPA controls the disposition of the real property and the language regarding the Husband preparing a Will devising the subject real property to the wife is superfluous and was possibly an attempt to ensure the Husband’s intent was followed. A probate may be needed to distribute the deceased spouse’s separate property not disposed of under the CPA.

Stuart Scarff, Esq.
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Mercer Island, WA  98040
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Genissa Richardson
Sent: Tuesday, February 6, 2024 2:36 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Is this CPA worded so as to pass title to real property?

Listmates,

I'm reviewing a CPA that says "Husband shall provide in his Will that his one half of the [Name of Property] shall pass to Wife if she survives him by 180 days."

One of the Exhibits states "The following is considered community property..." then lists the parcel in question, and goes on to say "Both Husband and Wife...desire to treat the whole of such property as community property."

The CPA otherwise clearly enumerates which property remains each spouse's separate property and which property is considered CP (it wasn't all converted to CP upon execution of the agreement).

The part I'm hung up on is that Husband never executed a Will, which makes me question if this is sufficient to pass title to the surviving Wife, or if we should probate.

I'm leaning towards probate because both spouses have children from prior marriages, and no children in common. In the event the CPA is deemed insufficient to convey title, I don't want the Wife's children to have to clean up a mess years from now if they decide to sell the property.

Thoughts?

Genissa Richardson, Attorney at Law
True North Legal Services, PLLC
301 Prospect St., Bellingham, WA 98225
PO Box 934, Bellingham, WA 98227 (mailing address)
Phone (360) 639-3393
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