[WSBAPT] CPA v TODD

[Karen E. Boxx]

Well, that’s a mess.  You should take a look at Lyon v. Lyon, 100 Wn2d 409.  Issue was which trumped which - the CPA or the fact that title was held by deceased spouse and brother as JTWROS.  Court said both take effect on death, and “which ‘instantaneous event’ takes place first might muddle metaphysicians for millennia.”  The court ultimately decided that since we really like CPA’s in washington, the cpa wins.


Professor Karen E. Boxx

University of Washington School of Law

Box 353020”

Seattle, WA 98195-3020
206.616.3856
Sent from my iPad

On Jan 4, 2024, at 10:10 AM, Mark Anderson <marka at mbaesq.com> wrote:


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by law for disclaimers of testamentary bequests, and the disclaimed interest shall pass as if this agreement had been revoked as to the disclaimed property immediately prior to the death of the decedent."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)
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