[WSBAPT] CPA v TODD

[Mark Anderson]

Dear All:
Husband and Wife executed (but did not record) a Community Property Agreement in 2009.  One provision in the CPA provides as follows:
"if one party dies, any separate property of that party, except as provided below, shall become and be considered Community Property, subject to this Agreement, vesting at the moment of the decedent's death."
(Note: the "except as provided below" language does not refer to any exception that, at first blush, would appear to apply here.)
Husband subsequently executed and recorded a Quitclaim Deed in which he conveyed a piece of real property owned by the both of them (the "Property") to Wife for her to hold as her separate property.  Wife then executed and recorded a Transfer on Death Deed to transfer the Property to one of their children upon her death.
Question #1: Given that the Property is now Wife's separate property, which document controls the disposition of the Property upon her death?  The CPA or the TODD?
The CPA further provides as follows:
"The survivor may, however, disclaim any interest passing under the terms of this agreement in whole or in part, or with reference to specific assets, parts, portions or shares thereof, in the same manner as provided by law for disclaimers of testamentary bequests, and the disclaimed interest shall pass as if this agreement had been revoked as to the disclaimed property immediately prior to the death of the decedent."
Question #2: Would the Quitclaim Deed be effective as a disclaimer of Husband's interest in the Property so that the disposition of the Property is not controlled by the CPA?
Thanks in advance for all of your insights on this matter.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240104/bff51014/attachment.html>