[WSBAPT] Check Cashed after Death

[Marcus Fry]

once an asset is delivered to the trustee in whatever form it becomes an asset of the test. there's probably some case law on delivery to a trustee as opposed to your gift delivery angle.

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Paul Grant wrote:

I hope everyone had a great Christmas!

I am unable to find WA law on the following scenario: a check was written from a checking account, given to the trustee of an irrevocable trust, then client dies the next day before check could be cashed.  Intent was obviously to fund more into the irr trust.

Federal law implies that it is not a gift for estate tax issues as issued by Ruling 96-56 since a gift to noncharitable donee must be living at the time it is cashed; but what does WA law say concerning the relation-back rule?  Has anyone encountered this issue before?

Thanks for any insight.

Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com<http://www.planningwithpurposeinc.com>

Estate Planning. Business Planning. Wealth Succession.