[WSBARP] Procedure Advice

[Mark Anderson]

Following up on this thread with a current scenario.  Bob took title to a condo with his parents as follows: “Bob, an unmarried man, and Martha and Dagwood, husband and wife.”  After that, Bob married Jane.  Bob and Jane executed a CPA but did not record it.  The CPA does not specifically identify or even mention the condo or Bob’s interest in it.

Bob died.  I plan to record the CPA and the Death Certificate per WAC 458-61A-202(6)(a).  I understand that will document the transfer of Bob’s interest in title to Jane as his surviving spouse.  Please correct me if I am wrong.

With respect to the need for a REETA, WAC 458-61A-303(2)(a) and 303(3)(g) seem to be at odds with each other:

[cid:image003.png at 01D9E58C.7921CA20]

Question: is a REETA required or not?  Thanks in advance.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Lynn Clare
Sent: 08/30/2023 7:41 AM
To: WSBA Real Property listserve <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Procedure Advice

All,

I run into the simplest problems that tie me in knots:

Lovely Client and Spouse executed and recorded a community property agreement in the 70's. Spouse recently passed away.

Is recording the death certificate enough to provide notice that the LC is now the sole owner of the real estate, or should there be some kind of deed and REETA with the death certificate/community property agreement attached?

If the latter, what kind of deed?

Lynn Clare
Clare Law Firm
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