[WSBAPT] Community Challenge to distribution of non-probate assets re significant CDs

[Anne Marie Liebhaber]

Thanks. Exactly my thoughts. Really nice as solo to have "associates" to
think through issues. Have a good day.  

  _____  

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Thursday, May 07, 2015 10:22 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Community Challenge to distribution of non-probate
assets re significant CDs



After 28 years of marriage, it is very likely that some if not all of the
assets in the CDs are community, I which case, wife would already own ½ and
daughter’s designation as beneficiary could apply to the other half. If the
source of the assets can be traced to separate funds, that may tell a
different story. 

 

If daughter and wife’s son can sort out between them that might be the best
bet. Dad may very well have moved community assets into his name, which
doesn’t change the character of the property. Similarly naming a beneficiary
cannot serve to eliminate the community nature of the assets.

 

Heather

 

Heather S. de Vrieze
Attorney-at-Law

cid:image001.jpg at 01D013C2.30F35160

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-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Anne Marie Liebhaber
Sent: Thursday, May 07, 2015 9:44 AM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Community Challenge to distribution of non-probate assets
re significant CDs

 

Client is daughter/ beneficiary on five significant CD accounts inherited
from her 90 yr old dad who just died. Decedent married second wife 28 years
ago but wife is in nursing facility for dementia. Second wife's son wants
CDs to go to his mother, claiming CDs are community property despite
daughter's beneficiary status and decedent's clear directive in will wherein
daughter is PR. No other assets, ALL sold prior to descendent and wife going
into nursing facility. Decedent named dementia wife as beneficiary on
defined benefit pension of 3K per month.  

 

Client wants to immediately transfer CDs as non-probate asset into her name
but fears community property challenge and repercussions. Any guidance
appreciated. I am new to this great list. Thanks.  

 

Anne Marie Liebhaber

Attorney at Law 

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