[WSBAPT] Advancements - tweak it

Tue Feb 4 13:57:20 PST 2014

Yes, you can raise the level of reliability as high as you want.  In the
particular situation that created my attachment, we were simply looking
for “proof” of his intentions when he gave the money to his daughters.
Loans, gifts, advances?  The family is not going to dispute his
statements, given his signature.  But I agree making it a declaration
(under penalty of perjury) could be a good idea in some cases.  If going
with the full formalities of a Will, I’d rather revise the Will itself or
do a codicil (which I seldom do for existing clients, since it is so easy
to revise a Will I already have in my system – and so much easier to read
and interpret a single document than to read and interpret multiple,
interrelated documents).  But for parents who keep bailing out children
(especially when just one child in particular), redoing their estate plan
each and every time is, to my way of thinking, an unwarranted expense.  

Sometimes I do have them keep a record, however, which we reference in
their Will.

As Sam has said, it is about intent, first and foremost – and how you
expose what that was.  And then it is about an accurate and reliable
record.

Kate

Kate Szurek, J.D., LL.M.

P.O. Box 336 / 227 Freeway Drive, Suite B

Mount Vernon, WA  98273

360.336.1000

360.336.6690 (fax)

 <mailto:kate at skagitlaw.com> kate at skagitlaw.com

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

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of elizabeth dronkert
Sent: Monday, February 03, 2014 7:46 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Advancements - tweak it

Hi Kate. Your attachment would be in its sweet spot by replacing the
single signature line (I see it’s called a declaration, but …) with the
same formal execution provisions (witnesses, notary, self-proving
affidavit) as the underlying will, because the intended result of the
declaration is to effectively reduce someone’s inheritance – certainly a
great potential for challenge there.  

Regards,

Elizabeth

Elizabeth M. Dronkert,  Attorney

755 Winslow Way East, Suite 202

Post Office Box 10368

Bainbridge Island, Washington   98110

(206) 780-4455

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Kate Szurek
Sent: Monday, February 03, 2014 6:45 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Advancements

I’ve been curious to see how others might respond to your post, but I’ve
always either had my client be specific in their Will/trust about what
they consider to have been an advance, or had them execute something like
the attached to “prove” that something specifically given to a child (or
other) should be treated as an advance.  See
http://apps.leg.wa.gov/rcw/default.aspx?cite=11.04.041 (which doesn’t
EXACTLY apply).

Kate

Kate Szurek, J.D., LL.M.

P.O. Box 336 / 227 Freeway Drive, Suite B

Mount Vernon, WA  98273

360.336.1000

360.336.6690 (fax)

 <mailto:kate at skagitlaw.com> kate at skagitlaw.com

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

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Lisa Schuchman
Sent: Monday, February 03, 2014 4:27 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Advancements

I am working on a will with a client who has given one of her (adult)
children money that she’d like credited to his share of her estate.    Has
anyone dealt with how to make a statement of an advancement as part of
estate planning?  Should she note that in her will and keep a tally
separately?  What do you do?

Lisa E. Schuchman
206-325-2801
www.lisaschuchman.com <http://www.lisaschuchman.com/> 

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what you get when you don’t. -Pete Seeger

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Bar Association nor its officers or agents. 

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