Community Property Agreements in Washington State

Dear Representative Nicole Macri,

As a Washington State Citizen, am concerned about community property agreements (CPA) serving as a will substitute,  when they lack the same statutory requirements as a will.  CPAs are a sham, since witnesses aren’t required, nor does an attorney need to be present, nor does an attorney need to draft it, nor does it ever consider children, nor does it need to ever be recorded.... all of these issues open up a growing concern to question the validity of a CPA as one’s actual intent, one’s last wishes, after they pass away.  

CPAs are always one sided: they give a spouse COMPLETE “ownership” of the other spouse’s everything when one passes away, waiving rights of any blood-related children. A CPA can by-pass one’s actual and valid last will and testament altogether.  

In an era of the #METOO generation,  the WA law of CPAs from over 130 years ago has got to be revised, at minimum, if not abandoned altogether. More regulation needs to be required so that the statutory requirements of a CPA mirrors that of a will.  

Why is it that Washington State is one of the last states that still honors a CPA, when it’s not even honored nor recognized federally, nor internationally?

I thank you kindly for your consideration to revise the laws of CPAs. If I may be of further assistance, please do not hesitate to contact me at HJELBenedict@gmail.com or 253-209-7434. 

Best regards,

Heather Benedict

#METOO

Again: 

The issue to address is that in Washington State, a community property agreement (RCW 26.16.120) can legally replace a will and dismiss an entire probate. 

Recently, the Washington State courts refused to determine - did my late mother pass away intestate (without a will) or not. They ruled: it doesn’t matter - if she had a will because if she had a CPA, a CPA trumps a will. 

For Estate planning, an attorney can have a client simultaneously sign both a will and a community property agreement (CPA). When their client passes, the attorney can decide which one to come forward with. If an attorney wishes to conceal a will, they legally can because case law states a CPA trumps a will.  

The courts have sanctioned a child, an heir, for asking for a ruling of intestacy.  Was there a will? An opposing attorney has been awarded over $30,000 in attorney’s fees, now garnishing wages for a child just asking: “Did my Mom have a will?”

The CPA statute falls under real property and not probate, yet doesn’t have the same requirements as a will. A CPA doesn’t require two witnesses to be present nor does it need to be recorded. 

Attached: COA ruling, my brief, an attorney’s response, and child’s reply

Read case law of my late-mother, in re the Estate of Leeanna Ruth Mickelson. 

769553 Respondent.pdf

769553 Appellant.pdf

769553 Appellant's Reply.pdf

https://housedemocrats.wa.gov/legislators/nicole-macri/

###

Washington State Community Property Agreement

Dear Rep. Chopp, 

As a WA State Citizen, am concerned about community property agreements (CPA) serving as a will substitute: CPAs lack the same statutory requirements as a will, ie. having 2 witnesseses present at signing, ability to question the validity within probate court, ability to include children. Only a surviving spouse benefits in a CPA. My issue is in Washington State, a community property agreement (RCW 26.16.120) legally replaces and bypasses a will. Yet, it disregards WA law: it’s a felon to conceal a will for more than 40 days after one’s passing. A CPA gives a spouse full “ownership” of their spouse and is nearly impossible to revoke while in hospice. In this #metoo era, this has got to be changed. WA is one of the last states to even recognize a 130+ year old law. Recently, the Court of Appeals Div I upheld a ruling that a child is not even entitled to know whether their late-parent had a will or not if there is a CPA. Ref: Estate of Leeanna Ruth Mickelson (my late-mother).

RESPONSE:You have requested a response from Representative Frank Chopp

Reply from Senator Jaime Peterson: 

Dear Ms. Benedict --

Thanks for your message and for sharing your concerns regarding communityproperty agreements.  Community property, by its nature, is "background law" that can always be changed by agreement of the parties.  It does not substitute for a will (or intestate succession); it merely determines what property is part of an estate.  In some cases that could favor the surviving spouse, but in others it could favor the children and the surviving spouse might have agreed to let all property pass to the kids.

It is also not unusual to have transfers of substantial property without the same formalities as a will; for example, 401(k) accounts and life insurance policies typically have beneficiary designations that require no witnesses and certainly are not recorded.

In any case, I think it is fundamental that the authority of the property owner to decide what happens with his or her property must be preserved, as well as the right to privacy about those decisions.  So I would be very hesitant to make changes in this area.

Best wishes, Jamie


Senator Jamie Pedersen 
43rd Legislative District 
jamie.pedersen@leg.wa.gov 

Olympia Office 
JAC 235
P.O. Box 40443
Olympia, WA 98504-0443
(360) 786-7628

District Office
1200 12th Ave. S, Suite 801
Seattle, WA 98144
(206) 729-3206

Legislative Assistant 
Penka Jane Culevski
penka.culevski@leg.wa.gov

To subscribe to my online newsletter, please e-mail me. To send any comments, or to learn more please visit my website.




-----Original Message-----
From: HJELBenedict@gmail.com<HJELBenedict@gmail.com> 
Sent: Monday, October 15, 2018 9:54 PM
To: Macri, Rep. Nicole <Nicole.Macri@leg.wa.gov>
Cc: Pedersen, Sen. Jamie <Jamie.Pedersen@leg.wa.gov>; Chopp, Speaker Frank <Frank.Chopp@leg.wa.gov>
Subject: Constituent Email RR: - CommunityProperty Agreements- Need for Regulation 

HOUSE INTERNET E-MAIL DELIVERY SERVICE

SENATE INTERNET E-MAIL DELIVERY SERVICE

TO:  Nicole Macri

CC:  Jamie Pedersen,
        Frank Chopp

FROM: Heather Benedict (Constituent)

STREET ADDRESS:
3206 Harvard Ave E Unit 213
Seattle, WA 98102

E-MAIL:  HJELBenedict@gmail.com

PHONE:  (253) 209-7434

SUBJECT:  Community PropertyAgreements- Need for Regulation 

MESSAGE:

Dear Representative Nicole Macri,
As a Washington State Citizen, am concerned about community propertyagreements (CPA) serving as a will substitute: they lack the same statutory requirements as a will. - no witnesses aren’t required, nor does an attorney need to be present, nor does an attorney need to draft it, nor does it ever consider children, nor does it need to ever be recorded.... The issue to address is that in Washington State, a community property agreement (RCW 26.16.120) can legally replace a will and dismiss an entire probate.  A CPA can bypass one’s valid will and biological children to give a spouse full “ownership” of their deceased spouse. In the #metoo era, this has got to be changed. WA is one of the last states to even recognize a 130+ year old law. 

RESPONSE REQUESTED:  Heather has requested a response to this message.