[WSBARP] Bargain sale or Gift of Community Property

[Eric Nelsen]

I'm not sure I'm following the facts. I'm reading that two years before his death, H sold some Washington real estate to a third party for basically nothing--amounts to a gift. My answer assumes I got that right.

You say "$10"--that's a common recital of consideration in a deed and bears no relationship to the actual sale price. I would verify the actual sale price through the county assessor records and/or the Real Estate Excise Tax Affidavit filed with the deed. Even a real estate agent might be able to call up the information relatively quickly, or maybe you could find sale information on Zillow.

If the property sold by H was community property, see RCW 26.16.030(2) and (3)<http://app.leg.wa.gov/RCW/default.aspx?cite=26.16.030> and associated cases. One spouse alone has no authority to transfer community real property without joinder of the spouse. Joinder typically means also signing the deed, but the spouse can also waive the right, acquiesce, ratify after the fact or be estopped from challenging the transfer, depending on the facts. See WSBA Community Property Deskbook Section 4.7 (4th ed. 2014).

I'd go down that road first, before fighting the more difficult issues of capacity and undue influence. If you feel like talking through the issues in more detail, feel free to call me, or email me off the list.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
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 Roberto Castro
Sent: Wednesday, January 17, 2018 12:10 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Bargain sale or Gift of Community Property

Listmates

I am striking out finding case law in WA dealing with a bargain sale or gift of highly appreciated property for a pittance ($10) of community property without knowledge of spouse or children of the couple; this purported transaction occurred 2 years before H's death. I have an estate where H &W lived in AZ and two  years prior to H's death he purported to make a bargain sale of highly appreciated property in WA to a non-family member without knowledge of W or the children of the marriage.  You can imagine the uproar and issues of capacity and undue influence.  Any case law or thoughts is appreciated.

Thank you.

Regards,

Roberto H Castro
Attorney
312 E. Trow Avenue
P.O. Box 747
Chelan, WA 98818

5 South Wenatchee Avenue, Ste 210
Wenatchee, WA 98801

509.679.3668 (D)
509.266.7104 (F)
rcastro at rcastrolaw.com<mailto:rcastro at rcastrolaw.com>

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