[WSBAPT] Disclaimers

Katharine P. Bauer kpb at bpblegal.com
Fri Oct 16 15:20:25 PDT 2015


A disclaimant is treated as having predeceased....

On Fri, Oct 16, 2015 at 11:46 AM, Jayne Gilbert <jgilbertatty at gmail.com>
wrote:

> I think anti lapse happens when the Benf predeceases the Testator
>
> On Fri, Oct 16, 2015 at 10:25 AM, Katharine P. Bauer <kpb at bpblegal.com>
> wrote:
>
>> Why no anti lapse statute effective if there are children of Testator
>> inheriting and want to consider disclaimers?
>>
>> On Fri, Oct 16, 2015 at 9:07 AM, Jayne Gilbert <jgilbertatty at gmail.com>
>> wrote:
>>
>>> First scenario Article "Specific Gifts" One of the gifts is "RP to A &
>>> B" both alive no survival language
>>>
>>> 2nd Everyone alive no survival language C, D & E children of Testator
>>> C&D have lineal descendants
>>>
>>> No Anti Lapse involved
>>>
>>> On Thu, Oct 15, 2015 at 7:11 PM, Katharine P. Bauer <kpb at bpblegal.com>
>>> wrote:
>>>
>>>> Who is making the disclaimer gift and what is the language of the gift,
>>>> residuary, specific bequest, "if they survive me," and so on.  No simple
>>>> answer here and always be aware of the anti-lapse statute
>>>> On Oct 15, 2015 5:49 PM, "Jayne Gilbert" <jgilbertatty at gmail.com>
>>>> wrote:
>>>>
>>>>> A & B are given a specific gift of Real Property, B disclaims no
>>>>> issue. Does A get the property or does B's interest go to the Residuary
>>>>> takers?
>>>>>
>>>>> Children of the decedent C, D, and E are given real property C&D
>>>>> disclaim Do  the disclaimed property interests go to the lineal descendants
>>>>> of C&D or does E take the property as the only remaining member of the
>>>>> group?
>>>>>
>>>>> --
>>>>> *************************************************
>>>>> Jayne Marsh Gilbert
>>>>> Gilbert and Gilbert Lawyers, PS
>>>>> (360) 336-9515
>>>>> *************************************************
>>>>>
>>>>> _______________________________________________
>>>>> WSBAPT mailing list
>>>>> WSBAPT at lists.wsbarppt.com
>>>>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>>>>
>>>>
>>>> _______________________________________________
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>>>>
>>>
>>>
>>>
>>> --
>>> *************************************************
>>> Jayne Marsh Gilbert
>>> Gilbert and Gilbert Lawyers, PS
>>> (360) 336-9515
>>> *************************************************
>>>
>>> _______________________________________________
>>> WSBAPT mailing list
>>> WSBAPT at lists.wsbarppt.com
>>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>>
>>
>>
>>
>> --
>> Katharine P. Bauer
>> Bauer Pitman Lifetime Legal, PLLC
>> 1235 Fourth Ave. East, Suite 200
>> Olympia, Washington 98501
>> tel. 360.754.1976
>> fax. 360.943.4427
>>
>> e-mail: kpb at bpblegal.com
>>
>> This message is confidential and may be protected by the attorney-client
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>
>
>
> --
> *************************************************
> Jayne Marsh Gilbert
> Gilbert and Gilbert Lawyers, PS
> (360) 336-9515
> *************************************************
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>



-- 
Katharine P. Bauer
Bauer Pitman Lifetime Legal, PLLC
1235 Fourth Ave. East, Suite 200
Olympia, Washington 98501
tel. 360.754.1976
fax. 360.943.4427

e-mail: kpb at bpblegal.com

This message is confidential and may be protected by the attorney-client
privilege; it is intended solely for the use of the individual named above.
If you are not the intended recipient, you are hereby advised that any
dissemination, distribution, or copying of this communication is strictly
prohibited. If you have received this e-mail in error, please immediately
notify the sender by telephone or e-mail, delete this message from your
files, and return any printed copies to the sender by U.S. mail. Circular
230 Disclosure: Any tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used,
for the purpose of (i) avoiding penalties that may be imposed under the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction, arrangement, or other matter
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