[SPAM] RE: [WSBAPT] Calculating distributions under will including assets passed outside of probate

Wed Apr 9 12:59:44 PDT 2014

That is really something different, because 11.11 does not address IRAs,
JTWROS or life insurance, so I address any 11.11 issues separately.

Heather

Heather S. de Vrieze
Attorney-at-Law

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

 <http://www.westseattlelaw.com/> www.westseattlelaw.com 

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of ROBERT MILLSAP
Sent: Wednesday, April 09, 2014 12:52 PM
To: wsbapt at lists.wsbarppt.com
Subject: [SPAM] RE: [WSBAPT] Calculating distributions under will
including assets passed outside of probate

Should reference to RCW 11.11 be made somewhere in the drafting?  I have
always thought that was the main purpose of RCW 11.11 (the super will
provision), to equalize the estate.

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Wednesday, April 9, 2014 12:29 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Calculating distributions under will including
assets passed outside of probate

Here is one I have used.

At the time of my death I may own certain nonprobate assets such as life
insurance, payable on death assets, retirement accounts, accounts or
property held jointly with right of survivorship which will pass outside
of probate without consideration of the distribution directed my Will.  In
the event that such nonprobate assets are distributed differently that the
distribution directed in my Will, I direct that my Personal Representative
use the assets of my probate estate to effectuate distribution in
accordance with the dispositive provisions in my Will to the extent
probate assets are available to do so.  Accordingly, a beneficiary
receiving a larger share of nonprobate assets than directed in my will
shall receive a proportionately smaller share of my probate estate.  Life
insurance and retirement plan assets specifically and nonprobate assets
generally are not, by this provision, actually to be added to my probate
Estate, and no beneficiary receiving nonprobate assets which exceed their
share of my estate shall be required to reimburse my estate or any other
beneficiary thereof.

Heather

Heather S. de Vrieze
Attorney-at-Law

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

 <http://www.westseattlelaw.com/> www.westseattlelaw.com 

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Corey Rogers
Sent: Wednesday, April 09, 2014 11:27 AM
To: wsbapt at lists.wsbarppt.com; wsbapt at listserv.nethelps.com
Subject: [WSBAPT] Calculating distributions under will including assets
passed outside of probate

Hi All,

I have a case where there are non-probate assets that must go to a
specific beneficiary (B1) and that beneficiary is also a beneficiary under
the will.  Client wants estate assets split 3 ways between B1, B2, and B3,
but wants to take into account the amount B1 receives out of probate when
making the calculation.  

I'm wondering if anyone has any sample language they could provide on this
issue?  I want to make sure I don't in any way make the non-probate assets
an issue in the probate proceedings for any other reason other than
determining what goes to each beneficiary under the will.

Any guidance?

Thanks in advance.  

-- 
Corey H. Rogers
Attorney at Law
Findley & Rogers, PLLC

9500 Roosevelt Way NE, Ste. 301

Seattle, WA 98115

T: (206) 331-7377
F: (206) 486-9930
corey at findleyrogerslaw.com

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Bar Association nor its officers or agents. 

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Bar Association nor its officers or agents. 

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Bar Association nor its officers or agents. 

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