[WSBARP] RE transfer to X as community property

[Eric Nelsen]

I am in favor of the two-step process in the public record, because it makes absolutely clear and you also don't have to confuse the REET Affidavit with two separate exemptions--one for the inheritance exemption, and one for the "establish community property" exemption. Done as two deeds there are more recording charges, but the clarity is worth it (to me). Not to mention greater assurance that the recorder doesn't bounce it because of confusion about the combined exemptions.

Not really an issue in your case since PR is the surviving spouse and the Grantee of the deed, but I also prefer to strictly follow the intestate distribution requirements from the Estate, to make sure a Grantee doesn't accuse the PR of improperly including the Grantee's spouse.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040




From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Thursday, March 05, 2015 1:25 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] RE transfer to X as community property

I'm thinking I've been thinking this through to much, so please someone help me simplify this scenario:

Client probating deceased spouse's intestate estate.  Wants to transfer the real property to herself and her new spouse.  Can this be done simply by the PR deed showing Grantee as:
"Client, a married woman, as community property" ?
or
would a deed to Client, a married woman as her separate property (which certainly technically follows intestate statute), followed by another deed from Client to  Client and New Spouse, as community property be required?

Any help would be appreciated and let me get out sooner into that really nice looking weather!

Melinda Grout
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