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

Katharine P. Bauer kpb at bpblegal.com
Mon Dec 28 11:46:25 PST 2015


Not necessarily!!! If disclaimants are descendants of a grandparent, anti
lapse statute might apply.
On Dec 28, 2015 11:32 AM, "Sara Longley" <sara at longley-law.pro> wrote:

> The other heirs can disclaim their respective interests in the estate
> under 26 USC 2518. Assuming the intended recipient is also an intestate
> heir, the result would be that the estate passes to that person.
>
> Sara D. Longley, JD, LL.M.
> 1718 NW 56th Street #304
> Seattle, WA 98107
> (206)434-5644
> Sara at Longley-law.pro
> ------------------------------
> From: Eden Rubenstein Toner <attorneytoner at earthlink.net>
> Sent: ‎12/‎28/‎2015 10:57 AM
> To: WSBA RP list <wsbapt at lists.wsbarppt.com>
> 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 <206-953-4485>*
>
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