[WSBARP] Bargain sale or Gift of Community Property

[Kary Krismer]

I would agree with Eric about looking at the actual deed to see the 
price paid for excise tax.  If Roberto cannot do that easily, he can 
email me directly with an address or grantor/grantee and I could easily 
look it up.

As to case-law I thought I would find something in my 30+ year-old law 
school outlines, which I haven't looked at for over 10 years!  What I 
was looking for wasn't there, but there is the 1910 case of Daly v. 
Rizzutto involving out of state owners, and the court held that a BFP 
would prevail because there would be no way of knowing that the property 
was community property.  If this was for $10, then not a BFP, but if it 
was for something more reasonable it's possible any CP restrictions on 
transfer might disappear.

Kary L. Krismer
John L. Scott/KMS Renton
206 723-2148

On 1/17/2018 12:42 PM, Eric Nelsen wrote:
>
> 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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