[WSBARP] Bargain sale or Gift of Community Property
Kary Krismer
Krismer at comcast.net
Wed Jan 17 13:33:29 PST 2018
I found the case I was thinking of in the personal property section of
my outline. Marston v. Rue from 1916, where it refers to a husband's
gift to a mistress as being void (and upheld the wife's sale of a car
under her emergency powers). There's also the more recent case of
Francis v. Francis, from 1978. Note I have not re-read either case, but
they do seem to deal with gifts based on my notes.
Kary L. Krismer
John L. Scott/KMS Renton
206 723-2148
On 1/17/2018 12:10 PM, Roberto Castro wrote:
>
> 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>/
>
> *Notice*: Attorney-client privilege Information. If this e-mail is
> received in error please immediately advise and destroy the
> information if you mistakenly received sent. We don’t want this
> communication being shared in social media or get togethers (small or
> large), etc. since this communication is only intended for the
> recipient. In legal terms, this may contain privileged and protected
> either as attorney work product or as an attorney-client communication.
>
> Please be further advised that the unauthorized interception or
> retrieval of e-mail may be a criminal violation of the Electronic
> Communications Privacy Act.
>
> The receipt of an e-mail or answering a call does not create an
> attorney-client relationship. To create an attorney-client
> relationship, just come to the office or ask us to send you an
> agreement that once signed by yourself and the attorney sets forth the
> terms and nature of the engagement. If you are unusure whether an
> attorney-client relationship exists, please let us know immediately
> and let’s get that resolved before moving forward. Thank you.
>
>
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180117/12f0dd0b/attachment.html>
More information about the WSBARP
mailing list