[WSBAPT] Disposition of a Disclaimer

[John Creahan]

Hi Lisa,
I recommend reviewing the anti-lapse rules if the disclaiming daughter has descendants.
John

John Creahan
Cairn Law, PLLC
206-578-5877
Sent from my phone
________________________________
From: Lisa E Schuchman<mailto:lisa at lisaschuchman.com>
Sent: ‎6/‎21/‎2017 2:31 PM
To: WSBA Probate & Trust Listserv<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Disposition of a Disclaimer

The will says: “…to the persons who shall survive me the following gifts: the house…to my daughters A and B…”  One of the daughters disclaimed.  If she is treated as if she predeceased, then wouldn’t the other daughter take the whole house?

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com/>

I learn, I give. – Gloria Steinem

NOTE: I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

Any tax advice included in this document and its attachments was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.
P  Please consider the trees before printing this document

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Donna Calf Robe
Sent: Tuesday, June 20, 2017 4:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Disposition of a Disclaimer

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
Fax: (206) 324-3106
e-mail:  donnac at bhdlaw.com<mailto:donnac at bhdlaw.com>
www.bhdlaw.com<http://www.bhdlaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.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<mailto: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<tel:(206)%20960-4212>
www.lisaschuchman.com<http://www.lisaschuchman.com/>

I learn, I give. – Gloria Steinem

NOTE: I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

Any tax advice included in this document and its attachments was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.
P  Please consider the trees before printing this document


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