[WSBAPT] Disposition of a Disclaimer

[Jayne Gilbert]

Oops I forgot looking at the terms of the Will does it provide for another
disposition upon a disclaimer? This is thanks to Donna Calf Robe.

On Tue, Jun 20, 2017 at 4:52 PM, Jayne Gilbert <jgilbertatty at gmail.com>
wrote:

> Thanks Donna I was feeling a slight "except for" when I hit send. I once
> made the error re the effect of a disclaimer
>
> Jayne
>
> On Tue, Jun 20, 2017 at 4:39 PM, Donna Calf Robe <DonnaC at bhdlaw.com>
> wrote:
>
>> Jayne,
>>
>> It depends on what the Wills says regarding how the property passes on
>> the death of the disclaiming beneficiary.  It may say it passes to the
>> surviving co-beneficiary.
>>
>>
>>
>> *Donna*
>>
>>
>>
>> Donna M. Calf Robe
>>
>> Attorney at Law
>>
>> Brothers Henderson Dussault, P.S.
>>
>> 2722 Eastlake Avenue East, Suite 200
>>
>> Seattle, Washington 98102
>>
>> Phone: (206) 324-4300 x113 <(206)%20324-4300>
>>
>> Fax: (206) 324-3106
>>
>> e-mail:  donnac at bhdlaw.com
>>
>> www.bhdlaw.com
>>
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>> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.w
>> sbarppt.com] *On Behalf Of *Jayne Gilbert
>> *Sent:* Tuesday, June 20, 2017 4:24 PM
>> *To:* WSBA Probate & Trust Listserv
>> *Subject:* Re: [WSBAPT] Disposition of a Disclaimer
>>
>>
>>
>> I think there's an issue with the disclaimer. If the Beneficiary
>> disclaims, then the share of the property disclaimed goes to the
>> Disclaimer's heirs by representation. The "Disclaimer" is treated as having
>> predeceased the Testator under the Statute.
>>
>>
>>
>> On Tue, Jun 20, 2017 at 3:22 PM, Lisa E Schuchman <lisa at lisaschuchman.com>
>> wrote:
>>
>> A client left his house to two of his three children in his will (he has
>> now died).  One of the house heirs has signed a disclaimer of her share of
>> the house.  There are other assets, but they didn’t pass to her.  Other
>> than filing it in the probate, is there anything else I should do with it?
>> The statute mentioned recording it, but I’m not sure whether that’s
>> necessary.
>>
>>
>>
>> Thanks.
>>
>>
>>
>> Lisa E. Schuchman
>> 206-960-4212 <(206)%20960-4212>
>> www.lisaschuchman.com
>>
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>> --
>>
>> *************************************************
>>
>> Jayne Marsh Gilbert
>>
>> Gilbert and Gilbert Lawyers, PS
>>
>> (360) 336-9515
>>
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>
>
>
> --
> *************************************************
> Jayne Marsh Gilbert
> Gilbert and Gilbert Lawyers, PS
> (360) 336-9515
> *************************************************
>



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