[WSBAPT] FW: Gift Tax on assignment of interest in estate

Karl Flaccus Karl at flaccuslaw.com
Mon Dec 28 11:30:36 PST 2015


I have seen judicial TEDRA agreements that recognize the writing as a will, supported by a court order, and hence no assignment necessary.

Karl Flaccus

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Monday, December 28, 2015 11:16 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] FW: Gift Tax on assignment of interest in estate

Please post to list. I have same question on an estate. Tnx.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eden Rubenstein Toner
Sent: Monday, December 28, 2015 10:57 AM
To: WSBA RP list
Subject: [WSBAPT] FW: Gift Tax on assignment of interest in estate

Colleagues,
Decedent died without a valid will, but left a note indicating one relative to inherit the estate.  Other intestate heirs may want to honor decedent's intent and assign their interest to this relative.  I think they would be making a gift for which a 709 is required, right?  Would someone be able to point me to the Code or Regs that address this?  And do you know if it would NOT be a gift if it was considered in settlement of an estate dispute?  Many thanks,
Eden

Eden Rubenstein Toner
Attorney at Law
1600-B SW Dash Point Road, #163
Federal Way, WA 98023
phone 206-953-4485
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