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

[Kate Gamble]

Special Needs Trust

Kate Gamble

Attorney at Law

Uptown Law PLLC

PO Box 835

Port Townsend, WA 98368

(360) 379-1818



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From:  Anne Marie Liebhaber <amliebhaber at gmail.com>
Reply-To:  WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date:  Thursday, May 7, 2015 at 10:34 AM
To:  'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject:  Re: [WSBAPT] Community Challenge to distribution of non-probate
assets re significant CDs

Thanks for prompt reply. What do you mean by "snt"?
 
What are your thoughts about son challenging CDs' character outside of
probate process, as no probate really is necessary to transfer CDs b/c
non-probate assets. Client does not know status of dementia wife/ son
relationship re POA or GAL at this point.


From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Katharine P. Bauer
Sent: Thursday, May 07, 2015 10:05 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Community Challenge to distribution of non-probate
assets re significant CDs

Take the funds but don't spend them. Control is good fit your client.
Investigate what is community or separate, reach agreement as to who gets
what; put mom's share in 3rd party snt if possible... Recognize, though, she
may be entitled to own some of it outright and may need gal to protect her
interests.  Is son POA for her?  Remember, Dad can give his half of CP or
all SP where he wants...

On May 7, 2015 9:48 AM, "Anne Marie Liebhaber" <amliebhaber at gmail.com>
wrote:
>  
>  
> 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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