[WSBAPT] Qualifed disclaimers

[John Creahan]

Rob,
I don’t see a problem with the mother and son both disclaiming – I haven’t done this but have seen lots of fact patterns where multiple generations disclaimed – but I would be cautious about having mom/grandmother serve as trustee of the grandchildren’s trust. If I recall correctly, a disclaimer is improper if the disclaimant has any control over how the disclaimed assets will be distributed.
Hope this helps,
John

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
Now located in the heart of Fremont
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103
206-578-5877


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rob Tulloch
Sent: Wednesday, April 19, 2017 9:19 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Qualifed disclaimers

Facts:  Husband dies and revocable trust funds a credit shelter trust to the extent of the Washington exemption with wife as beneficiary.  If wife did not survive, their only son would benefit.  If wife and son did not survive, son’s children (decedent’s grandchildren) would benefit pursuant to trust for grandchildren contained within the revocable trust.  With wife/grandmother still alive, she would be the trustee for the grandchildren.

Wife wants to disclaim, immediately followed by son’s disclaimer, so that the assets funding the credit shelter trust pass to the grandchildren’s trust.

Presuming the qualified disclaimers are properly prepared and delivered/filed in a timely manner and there is no GSTT issue, is there anything that prevents a “double disclaimer” to skip a generation?

I have not found anything to prohibit the action in IRC Section 2518 or Chapter 11.86 RCW.  Am I missing something?  Has anyone successfully done this?


Thanks.

Rob Tulloch
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