[WSBARP] Bargain sale or Gift of Community Property

[Kary Krismer]

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
>
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> /rcastro at rcastrolaw.com <mailto:rcastro at rcastrolaw.com>/
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