[WSBAPT] Disclaimer-Anti-Lapse

George Edensword-Breck george at e-blaw.com
Fri Oct 2 09:43:43 PDT 2015


Unless I am missing the point, I don’t think the question can be answered without having the exact donative language in the will.  I will be interested in others’ answers to this.

George Edensword-Breck
george at e-blaw.com<mailto:george at e-blaw.com>


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jayne Gilbert
Sent: Thursday, October 01, 2015 7:23 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Disclaimer-Anti-Lapse

Mother/Grandmother Dies Testate

Under an Article entitled "Specific Gifts" An uncle and nephew are given a house.

The uncle disclaims.

The uncle has no issue

QP: Does the Uncle's 1/2 interest go by way of the ante lapse statute or does the nephew inherit the house?

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Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
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