[WSBARP] Community Property Agreement

[Heather de Vrieze]

Douglas,

In these circumstances, if there is available liquid assets, I would advise that each spouse have a designated account which designates the children as the POD/TOD beneficiaries, and within the CPA exclude those specific accounts. Or, if there are not liquid assets, or the distribution they are trying to accomplish are significant enough, get rid of the community property agreement and address these gifts in the Will. Without the CPA the estate will need to go through probate and the children will be entitled to notice and be able to enforce their rights to these specific gifts.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Douglas Scott
Sent: Sunday, June 9, 2024 5:34 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Community Property Agreement

Husband and wife have a community property agreement. When the first one dies and before the CPA is triggered they want to leave some cash to their 3 children.  How is this accomplished under a CPA?  Is the best way to accomplish this to set forth an exception within the CPA?  Any suggested language?

DOUGLAS W. SCOTT
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)



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