[WSBAPT] Lack of Probate Aff/Comm Prop agreement

Tue Jul 22 10:59:40 PDT 2025

Ann,
I would say "Necessary" is in the eye of the beholder, usually a title company (or if you are apply for a Senior discount on property tax, then the beholder is the County Treasurer/Assessor). We have some title officers on this list serv, maybe they will chime in on proper vesting to the surviving spouse when there is a CPA. But in my experience, recording the CPA and Death Cert is sufficient for title to vest to the surviving spouse. If surviving spouse goes to sell, maybe title requests an affidavit that the CPA was valid at death, but I have never seen that. Often it is the kids who go to sell after both Mom and Dad have passed, and unless it is a blended family, it seems noncontroversial to let the kids/executor/trustee sell it. Also a little different if title was only in the deceased spouse's name, but if they bought as husband and wife, given we are a community property state, it is following the intestate scheme, so title would be less concerned.
Title Insurance underwriting is a risk calculation, so I highly encourage building a relationship with a title company/officer where you feel comfortable to call and ask them these questions.
Another idea to literally "insure" that the house is in the Trust is to request an owner's endorsement on the existing policy in the name of the trust. It might cost you $1,000 or so for endorsement, but that will definitely smooth the way for the trustee to sell the house in the future. You just need to find who issued the title policy when the client bought the house. That is often stamped on the Statutory Warranty Deed.
Best,
Nick

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Ann Manley <ann at manleyfirm.com>
Sent: Friday, July 18, 2025 9:45 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Lack of Probate Aff/Comm Prop agreement

Nick - at this point is an affidavit necessary saying the Comm Prop agreement has not been rescinded?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
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On Thu, Jun 26, 2025 at 11:48 AM Nick Pleasants <npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>> wrote:
I would record the CPA and a redacted Death Certificate. No need for a LOPA. If surviving spouse goes to sell, he can do one privately with the Title Company. No need to record a public LOPA if there is a Community Property Agreement.
Best,
Nick

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

CONFIDENTIALITY NOTE: This e-mail message contains information belonging to the law firm of Oseran Hahn, P.S., which may be privileged, confidential and/or protected from disclosure. The information is intended only for the use of the individual or entity named above. If you think that you have received this message in error, please e-mail the sender. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited.

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Ann Manley <ann at manleyfirm.com<mailto:ann at manleyfirm.com>>
Sent: Monday, June 23, 2025 5:06 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Lack of Probate Aff/Comm Prop agreement

Decedent had a will that left all assets to her husband. They also signed a CP agreement. I am preparing a LOPA for husband to sign. Should I record the CP agreement as well?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.manleyfirm.com&c=E,1,2SUyIp7_Rs1mIZ42lCKrfI1XK8tpEeGt8zk-U90BaEnh1QDHcD0yZ6QXUWxL2huo5mgyC6sx7sr6oKH1CftoVwYZ8oWcnX2sDSDO7mfLVW77ktubVnqb&typo=1>

The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims

* The Manley Law Firm is a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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