[WSBAPT] Estate Distribution

[Peggi Moxley]

Unfortunately, in my practice I see a lot of cases where the parents enabled
one child by constantly bailing them out.  I had one case where a child was
given $4,000 per month for about 3 years because they could not find a job.
(The parents were both still alive and I told them if someone gave me $4,000
per month tax free, I might not be able to find a job either.)  I found this
out during an estate planning conference and the gifting stopped.  

 

In that type of case, I do not think that the child/personal representative
can adjust the inheritance to that child unless the receiving child ever
signed a Promissory Note or some other written promise to pay back the
parent or parents put an "advancement article" in their Will.  

 

Peggi Moxley

Wenatchee WA

 

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Monday, August 13, 2018 4:55 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Estate Distribution

 

In theory, if it was not gifts from parent, but can be proved to be
financial exploitation, that "raiding" child can be excluded from
distribution under the will entirely. So, with that as a potential real
threat, the raiding child might be willing to agree to have such amounts
simply deducted from their share.

 

Heather

 

Heather S. de Vrieze
Attorney-at-Law



3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

 <http://www.westseattlelaw.com/> www.westseattlelaw.com 

 

For your advanced planning, please note - Heather will have an extended time
out of the office at the end of the summer. Leaving August 28th and
returning September 17th. Please plan accordingly.

Click here to connect with de Vrieze | Carney on Facebook:
<https://www.facebook.com/DeVriezeCarney> 

 

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From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Anthony Vivenzio
Sent: Monday, August 13, 2018 4:38 PM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] Estate Distribution

 

Dear Colleagues,

Decedent died, leaving the residue of his estate to his three children in
equal shares.  If it can be proved that one of the siblings wrongfully
raided one of the decedent's accounts during the decedent's lifetime and the
amount can be proved, can that amount be considered and be treated as an
advance against the raiding sibling's share of the estate?  Your opinions
are appreciated as always. 

 

Anthony D. Vivenzio,

Attorney and Counselor at Law

PO Box 208

540 Guard Street, Ste. 260

Friday Harbor, WA  98250

(360) 378-6860

vivenziolaw at rockisland.com <mailto:vivenziolaw at rockisland.com> 

 

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