[WSBAPT] BECU

[Joshua McKarcher]

Hi Anna,

Did the affidavit specifically reference this real property and provide its legal description (with county reference and tax parcel ID)?

I am going to assume it did so that you do not think I am berating you below! 😘

This is my annual community property agreement email:

If I could permanently implant in all Washington lawyers’ brains one thing about community property agreements, it would be to think of the affidavit recorded after death as a substitute for a real property deed.

If one thinks “up one or two levels of detail” from a “statutory deed” or “PR deed,” then one realizes that a deed is just a document that contains magical words and a legal description with county reference and tax parcel numbers.

Then one can realize that a community property affidavit can do the same thing without being in the exact form of a “deed.”

It can (I humbly submit, must) “do the work” of connecting the dots for a future title examiner, or connect the dots for a mortgage/lender assistant person — all of them non-lawyer professional DOT CONNECTORS!

So, if the affidavit

  *
references the EARLIER and SEPARARTELY recorded CP agreement (ignore all the people who manage to achieve all of this with a single recording — they are just lucky or not dealing with real property),
  *
attaches a DC as Exhibit A (for example; or record it separately and recite its number as well),
  *
says all the things WE EP LAWYERS want it to say,
  *
BUT then ALSO says, “…including the following parcels of real property:” . . . [insert county and legal description and tax parcel ID], “all of which are now the sole property of SurvivingSpouseName, an unmarried person . . .”

…. then (after recording that in each county in which real property is located ) you have recorded something that appears very much like a deed to all of these people who are USUALLY just trying to do their jobs.

And, my fearless friends, you are doing the law as it should be done in Washington!

If at that point, they will not accept what you have done, then you are working on their clock and you will get fees and costs from them.

Good luck, everyone!

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Anna Van Pelt <anna at vanpeltlegal.com>
Sent: Tuesday, October 14, 2025 9:50:49 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] BECU


Good morning,



I’m having trouble with BECU accepting a successor in interest for a mortgage. The beneficiary is the surviving spouse. Deceased spouse owned the house as separate property, but they had a community property agreement. The CPA, death certificate, and supporting affidavit have all been recorded. BECU is requiring either Letters, a new deed, or some other court order transferring the property to the surviving spouse. Has anyone had success persuading BECU that none of that is required under WA law for the house to transfer under the CPA?



Thanks,
Anna Van Pelt



Van Pelt Law

(206) 635-7250

www.vanpeltlegal.com<http://www.vanpeltlegal.com/>

Pronouns: She/Her



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