[WSBAPT] WSBAPT Digest, Vol 42, Issue 9

LISA ATKINSON LISA_L_ATKINSON at msn.com
Wed Mar 7 12:02:34 PST 2018


Yes, if someone could share the new LLC agreement to the list, that would be great!


Thanks!

Lisa L. Atkinson, Esq.
611 Main Street
Suite B-1
Edmonds, WA 98020
(425) 778-2421
(425) 744-0796 fax

CHECK OUT MY NEW AND IMPROVED WEBSITE! www.lisaatkinsonpllc.com<http://www.lisaatkinsonpllc.com/>  You may now conveniently schedule appointments via my website, using calendly.com/mail-64.


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Sent: Wednesday, March 7, 2018 12:00 PM
To: wsbapt at lists.wsbarppt.com
Subject: WSBAPT Digest, Vol 42, Issue 9

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Today's Topics:

   1. Off Topic:  LLC Agreement Under New Law (Steve Nicol)
   2. Referral for WA/Canada Business Attorney (Patrick Galloway)
   3. Re: Referral for WA/Canada Business Attorney (Jamia Burns)
   4. Pro-Bono Opportunity with Northwest Justice Project
      (Michael Safren)
   5. will provision to delegate selection of charitable
      beneficiaries to PR (Doug Owens)
   6. Re: will provision to delegate selection of charitable
      beneficiaries to PR (Lisa E Schuchman)
   7. Re: will provision to delegate selection of charitable
      beneficiaries to PR (Doug Owens)
   8. Re: will provision to delegate selection of charitable
      beneficiaries to PR (Amber K. Quintal)


----------------------------------------------------------------------

Message: 1
Date: Wed, 7 Mar 2018 00:29:50 +0000
From: Steve Nicol <nicolste13 at msn.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Off Topic:  LLC Agreement Under New Law
Message-ID:
        <MWHPR17MB15837DE5C8482F6AACF711A6C2D80 at MWHPR17MB1583.namprd17.prod.outlook.com>

Content-Type: text/plain; charset="windows-1252"

Listmates,


Does anyone have an LLC  Agreement drafted with the new law in mind they would be willing to share?


Thanks!

Stephen E. Nicol
WSBA 30427
Attorney at Law
Nicol Law, PLLC
PO Box 93
Mount Vernon, WA 98273
360-336-5270 (office)
360-336-5278 (fax)

This Email Message and any attachments hereto are attorney-client privileged and confidential
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or copying of this communication is prohibited. If you have received this Email Message in error,
please notify the sender by email or telephone and delete the original and any copies of this Email
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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Derek Jensen <derek at jensenestatelaw.com>
Sent: Tuesday, March 6, 2018 11:56 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Transfer of Real Property without Probate


Please see this form from the DOR: https://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdor.wa.gov%2Fsites%2Fdefault%2Ffiles%2Flegacy%2FDocs%2Fforms%2FRealEstExcsTx%2FLackofprobateaffidavit.pdf&data=02%7C01%7C%7Ce83109e2b51948d4ae1808d58466375d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636560496902477851&sdata=xpErGxC7fzas2Q8SrriwpvyZ13eWK2ofZIaj%2BSljfQ0%3D&reserved=0

AFFIDAVIT (LACK OF PROBATE) - Washington<https://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdor.wa.gov%2Fsites%2Fdefault%2Ffiles%2Flegacy%2FDocs%2Fforms%2FRealEstExcsTx%2FLackofprobateaffidavit.pdf&data=02%7C01%7C%7Ce83109e2b51948d4ae1808d58466375d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636560496902477851&sdata=xpErGxC7fzas2Q8SrriwpvyZ13eWK2ofZIaj%2BSljfQ0%3D&reserved=0>
dor.wa.gov
AFFIDAVIT (LACK OF PROBATE) The undersigned affiant/grantee _____, being first duly sworn Name of Affiant deposes and states as follows: That ...





You may also wish to seek out the assistance of a title company.



The rest of your questions are good questions, but unfortunately my answer would be ?it depends?.



Sincerely,



Derek W. Jensen, JD, LLM

Managing Attorney





[New Logo.tif]



Jensen Law Office, PLLC

1833 N 105th St., Suite 301

Seattle, WA 98133

Tel: 206-547-1412



8201 164th Ave NE, Suite 200

Redmond, WA 98052

Tel: (425) 698-2214



Find us on the web at: https://nam03.safelinks.protection.outlook.com/?url=www.jensenestatelaw.com&data=02%7C01%7C%7Ce83109e2b51948d4ae1808d58466375d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636560496902477851&sdata=AmbVWdHGHxb6rZbqeXEpX%2FFLpMU1kp0g7ESM8XdR8ow%3D&reserved=0<https://nam03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.jensenestatelaw.com%2F&data=02%7C01%7C%7Ce83109e2b51948d4ae1808d58466375d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636560496902477851&sdata=8GUTekRfqoy5SZUkZkN%2FzVLDG32BJ%2Bf0JXMeLpNgYnc%3D&reserved=0>

Jensen Law | Seattle Trust Attorney | Redmond Estate ...<https://nam03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.jensenestatelaw.com%2F&data=02%7C01%7C%7Ce83109e2b51948d4ae1808d58466375d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636560496902477851&sdata=8GUTekRfqoy5SZUkZkN%2FzVLDG32BJ%2Bf0JXMeLpNgYnc%3D&reserved=0>
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Estate Planning, Elder Law, Small Business, and Tax Planning law firm with offices in Seattle and Redmond representing clients throughout Washington.





NOTICE:  This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee.  If you are not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited.  If you have received this message in error, please notify the sender immediately by electronic mail or by telephone (206) 547-1412 and delete this message and any copies or backups.  Thank you.



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sara M
Sent: Tuesday, March 6, 2018 3:30 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Transfer of Real Property without Probate



Thank you for the answers to my earlier question- I have several who have answered that the Lack of Probate Affidavit will work for the transfer of the property in my question.  There is no community property agreement in my case.  Is there an RCW that permits this lack of probate affidavit for real property transfer by married couples upon the death of the first or has it just been done by practice.



Am I creating title problems down the line for daughter?  I agree, best to sell it in probate, but if she wants to keep it as a rental for a while and then tries to sell it later, have we saved money now only to have to spend it later to clean up the shortcuts?



Sara




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Message: 2
Date: Tue, 6 Mar 2018 19:48:28 -0800
From: "Patrick Galloway" <patrick at alsnorthwest.com>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Referral for WA/Canada Business Attorney
Message-ID: <048d01d3b5c7$27e36650$77aa32f0$@alsnorthwest.com>
Content-Type: text/plain; charset="us-ascii"

Colleagues-



Looking for referrals for a business attorney/firm that is familiar with the
laws of, and preferably licensed in, both WA and Canada for business
consulting work. Request comes from a CPA I work with on behalf of one of
his clients.



Thanks in advance!



Patrick J. Galloway

Advance Legal Services, PLLC

2630 N Columbia Center Blvd

Richland, WA 99352

(509) 851-7884

 <https://nam03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.alsnorthwest.com%2F&data=02%7C01%7C%7Ce83109e2b51948d4ae1808d58466375d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636560496902477851&sdata=KIm%2FK9RNz0d9Dcy110qMrMBgBhQ5WrxfpNUCSS5%2BjY4%3D&reserved=0> https://nam03.safelinks.protection.outlook.com/?url=www.alsnorthwest.com&data=02%7C01%7C%7Ce83109e2b51948d4ae1808d58466375d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636560496902477851&sdata=7s%2FeGaZ5Ignv02sezxNR4REJfsL2dfmLRvzY0El8FN8%3D&reserved=0

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Message: 3
Date: Tue, 6 Mar 2018 20:00:33 -0800
From: Jamia Burns <jamia at jamiaburnslaw.com>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Referral for WA/Canada Business Attorney
Message-ID:
        <CAMMZcdQRtOeLQGc6mFdBbqvmHF3irTc+oR_PCiJYTsrUjOH3dQ at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Dawn Deans of Kickstart Law has offices in Bellingham and Canada. She is a
business law attorney (360-306-5652).

Jamia S. Burns
Attorney at Law - Estate Planning
360-739-6379 <(360)%20739-6379>
https://nam03.safelinks.protection.outlook.com/?url=www.jamiaburnslaw.com&data=02%7C01%7C%7Ce83109e2b51948d4ae1808d58466375d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636560496902477851&sdata=6GAxARvz4tJowVU9VPbreWKAgCMfA%2BDOZyNDV1PkbZc%3D&reserved=0
jamia at jamiaburnslaw.com
Mail: P.O. Box 29453
Bellingham, WA 98228
Office: 1140 10th St. #220
Bellingham, WA 98225 (by appointment only)

On Mar 6, 2018 7:53 PM, "Patrick Galloway" <patrick at alsnorthwest.com> wrote:

> Colleagues-
>
>
>
> Looking for referrals for a business attorney/firm that is familiar with
> the laws of, and preferably licensed in, both WA and Canada for business
> consulting work. Request comes from a CPA I work with on behalf of one of
> his clients.
>
>
>
> Thanks in advance!
>
>
>
> *Patrick J. Galloway*
>
> Advance Legal Services, PLLC
>
> 2630 N Columbia Center Blvd
>
> Richland, WA 99352
>
> (509) 851-7884
>
> https://nam03.safelinks.protection.outlook.com/?url=www.alsnorthwest.com&data=02%7C01%7C%7Ce83109e2b51948d4ae1808d58466375d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636560496902477851&sdata=7s%2FeGaZ5Ignv02sezxNR4REJfsL2dfmLRvzY0El8FN8%3D&reserved=0
>
> This E-Mail message and any documentation accompanying this transmission
> may contain privileged and/or confidential  information and is intended
> solely for the addressee(s) named above.  If you are not the intended
> addressee/recipient, you are hereby notified that any use of, disclosure,
> copying, distribution, or reliance on the contents of this E-Mail
> information is strictly prohibited and may result in legal action against
> you.  Please reply to the sender advising of the error in transmission and
> immediately delete/destroy the message and any accompanying documents.
> Thank you.
>
>
>
> *_Important Disclosures Regarding Email Communications_*
>
> Advisory services through Retirement Wealth Advisors, Inc., a SEC
> Registered Investment Advisor. This Email is being sent by or on behalf of
> a Registered Investment Advisor. It is intended exclusively for the
> individual or entity to which it is addressed. This communication may
> contain information that is proprietary, privileged, or confidential, or
> otherwise legally exempt from disclosure. If you are not the named
> addressee, you are not authorized to read, print, retain, copy or
> disseminate the Email or any part of it. If you have received this Email in
> error, please notify the sender immediately by Email or fax, and destroy
> all copies of this communication. Please be advised that you may conduct
> securities transactions only by speaking directly with your Investment
> Advisor Representative either by phone or in person. Requests for
> securities transactions via email will not be executed by Retirement Wealth
> Advisors, Inc. To help protect your privacy, we strongly suggest you avoid
> sending sensitive information, such as account numbers and social security
> numbers via Email.  Please be further advised that, pursuant to the Bank
> Secrecy Act, the USA PATRIOT ACT, and similar laws, any communication in
> this email is subject to regulatory, supervisory, and law enforcement
> review.
>
>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> https://nam03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbapt&data=02%7C01%7C%7Ce83109e2b51948d4ae1808d58466375d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636560496902477851&sdata=e6HTfTlwVJxqVOhenNpAT%2FOA8zrJ44YShhVmK0HdUWM%3D&reserved=0
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Message: 4
Date: Wed, 7 Mar 2018 09:08:13 -0800
From: Michael Safren <msafren at gmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>, "WSBA
        Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Pro-Bono Opportunity with Northwest Justice Project
Message-ID:
        <CACXQqyf9fF6nuf_ejEeMBb2+iGtkkow-XES01RdhpsuAn3jDPg at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Hello Fellow RPPT Listserv Subscribers:

Northwest Justice Project, which provides civil legal services to
low-income persons who could not otherwise afford them, *seeks your* *probate
expertise* *on a pro bono basis* to assist its clients.  NJP?s Foreclosure
Unit assists clients who are at risk of losing their homes to foreclosure.
The unit sometimes finds its efforts are hampered by the fact that title to
the client?s home is still in the name of a deceased parent.  A common
example involves a client facing a tax foreclosure who would qualify for a
property tax exemption or a rescue loan but cannot obtain either because,
without probate, the client does not have title to the property.  Your
assistance, working with NJP lawyers, can resolve that problem and prevent
foreclosure.

Please contact Dave Tarshes (206-707-0935 <(206)%20707-0935>) or Chelsea
Hicks (206-707-0933 <(206)%20707-0933>) if you are available and interested
to help.


Kind regards,
Michael Safren
Web Editor, RPPT section
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Message: 5
Date: Wed, 7 Mar 2018 18:52:40 +0000
From: Doug Owens <dougowens at seattlerelawyer.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] will provision to delegate selection of charitable
        beneficiaries to PR
Message-ID: <3E7DB7F2-E184-4F92-B809-C7617F362542 at seattlerelawyer.com>
Content-Type: text/plain; charset="us-ascii"

Dear list mates, I have a client who has asked me to prepare a will that includes a substantial residuary provision that would authorize the PR to select charities to receive shares of the estate.  I have not come across this before and I wonder first if a PR can select beneficiaries and second whether this provision would pass muster as a charitable gift to entitle the estate to the charitable deduction for estate tax purposes.  Is there another way that people use to accomplish this objective such as a trust?  But can a trustee select the beneficiaries of a trust?  And would a testamentary gift to a trust qualify for the charitable tax deduction?  Thanks for your consideration.  Yours truly, Douglas Owens



------------------------------

Message: 6
Date: Wed, 7 Mar 2018 19:15:08 +0000
From: Lisa E Schuchman <lisa at lisaschuchman.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] will provision to delegate selection of
        charitable beneficiaries to PR
Message-ID:
        <CY4PR16MB1847C4B369DDDC83EEC40A56D1D80 at CY4PR16MB1847.namprd16.prod.outlook.com>

Content-Type: text/plain; charset="utf-8"

Doug,

I have sent people with this idea to the Seattle Foundation or the Pride Foundation.  With both foundations, the donor can meet and set up a list of donees.  They can also change them if they want to (while they are alive).  The beneficiary in the will is the foundation, either of which will give you language to use in the will.  They charge a management fee, of course, but some of my clients have thought it worthwhile to have the flexibility.

Lisa E. Schuchman
206-960-4212
https://nam03.safelinks.protection.outlook.com/?url=www.lisaschuchman.com&data=02%7C01%7C%7Ce83109e2b51948d4ae1808d58466375d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636560496902477851&sdata=CQZzRDdPtjQQWOF%2BxGclMXD2O%2FlqJNoEyOIcbVkufTg%3D&reserved=0

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.
?? Please consider the trees before printing this document

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Doug Owens
Sent: Wednesday, March 7, 2018 10:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] will provision to delegate selection of charitable beneficiaries to PR

Dear list mates, I have a client who has asked me to prepare a will that includes a substantial residuary provision that would authorize the PR to select charities to receive shares of the estate.  I have not come across this before and I wonder first if a PR can select beneficiaries and second whether this provision would pass muster as a charitable gift to entitle the estate to the charitable deduction for estate tax purposes.  Is there another way that people use to accomplish this objective such as a trust?  But can a trustee select the beneficiaries of a trust?  And would a testamentary gift to a trust qualify for the charitable tax deduction?  Thanks for your consideration.  Yours truly, Douglas Owens

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Message: 7
Date: Wed, 7 Mar 2018 19:27:59 +0000
From: Doug Owens <dougowens at seattlerelawyer.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] will provision to delegate selection of
        charitable beneficiaries to PR
Message-ID: <46F99FD7-410D-477C-B78D-6A77BF7E7F0C at seattlerelawyer.com>
Content-Type: text/plain; charset="utf-8"

Thank you, Lisa.  Yours truly, Doug Owens

> On Mar 7, 2018, at 11:15 AM, Lisa E Schuchman <lisa at lisaschuchman.com> wrote:
>
> Doug,
>
> I have sent people with this idea to the Seattle Foundation or the Pride Foundation.  With both foundations, the donor can meet and set up a list of donees.  They can also change them if they want to (while they are alive).  The beneficiary in the will is the foundation, either of which will give you language to use in the will.  They charge a management fee, of course, but some of my clients have thought it worthwhile to have the flexibility.
>
> Lisa E. Schuchman
> 206-960-4212
> https://nam03.safelinks.protection.outlook.com/?url=www.lisaschuchman.com&data=02%7C01%7C%7Ce83109e2b51948d4ae1808d58466375d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636560496902477851&sdata=CQZzRDdPtjQQWOF%2BxGclMXD2O%2FlqJNoEyOIcbVkufTg%3D&reserved=0
>
> 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.
> ?  Please consider the trees before printing this document
>
> -----Original Message-----
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Doug Owens
> Sent: Wednesday, March 7, 2018 10:53 AM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] will provision to delegate selection of charitable beneficiaries to PR
>
> Dear list mates, I have a client who has asked me to prepare a will that includes a substantial residuary provision that would authorize the PR to select charities to receive shares of the estate.  I have not come across this before and I wonder first if a PR can select beneficiaries and second whether this provision would pass muster as a charitable gift to entitle the estate to the charitable deduction for estate tax purposes.  Is there another way that people use to accomplish this objective such as a trust?  But can a trustee select the beneficiaries of a trust?  And would a testamentary gift to a trust qualify for the charitable tax deduction?  Thanks for your consideration.  Yours truly, Douglas Owens
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
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>
> _______________________________________________
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------------------------------

Message: 8
Date: Wed, 7 Mar 2018 19:46:25 +0000
From: "Amber K. Quintal" <aquintal at omwlaw.com>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] will provision to delegate selection of
        charitable beneficiaries to PR
Message-ID:
        <BFF6897133CD7A44AC80D0E8B49897D67D74FEA6 at omwvdamail01.omwlaw.com>
Content-Type: text/plain; charset=UTF-8

Similar to Lisa's suggestion but still involving the PR (if that's the goal) - the client could make the bequest to a donor advised fund (like Fidelity Charitable giving account) on which the PR is the account holder, or if the testator is the account holder, the PR is the account successor.

https://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fidelitycharitable.org%2Fdocs%2FBequests.pdf&data=02%7C01%7C%7Ce83109e2b51948d4ae1808d58466375d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636560496902477851&sdata=zoSfr5AIhzVV885u%2FOARCZ8tJQgO2DCphsqAIuLOB6A%3D&reserved=0

Amber K. Quintal ?|? Member

Ogden Murphy Wallace P.L.L.C.
901 Fifth Avenue, Suite 3500 Seattle, WA 98164
phone: 206.447.7000 | Fax 206.926.2879
aquintal at omwlaw.com | https://nam03.safelinks.protection.outlook.com/?url=www.omwlaw.com&data=02%7C01%7C%7Ce83109e2b51948d4ae1808d58466375d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636560496902477851&sdata=fDx3q7nNVJUxe%2FuiY7JNhp6YKGzrwQrYypshHsnI0zk%3D&reserved=0


CONFIDENTIAL COMMUNICATION?-?This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender.? It may contain information that is proprietary, privileged, and/or confidential.??If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the contents is STRICTLY PROHIBITED.? If you have received this message in error, please notify the sender immediately?and destroy the original transmission and all copies.

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa E Schuchman
Sent: Wednesday, March 7, 2018 11:15 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] will provision to delegate selection of charitable beneficiaries to PR

Doug,

I have sent people with this idea to the Seattle Foundation or the Pride Foundation.  With both foundations, the donor can meet and set up a list of donees.  They can also change them if they want to (while they are alive).  The beneficiary in the will is the foundation, either of which will give you language to use in the will.  They charge a management fee, of course, but some of my clients have thought it worthwhile to have the flexibility.

Lisa E. Schuchman
206-960-4212
https://nam03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lisaschuchman.com&data=02%7C01%7C%7Ce83109e2b51948d4ae1808d58466375d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636560496902477851&sdata=NwEJmh%2F0l0%2BZm1180%2FNTwe8QQmKeQBWriEEM3GPKOX8%3D&reserved=0

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.
?? Please consider the trees before printing this document

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Doug Owens
Sent: Wednesday, March 7, 2018 10:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] will provision to delegate selection of charitable beneficiaries to PR

Dear list mates, I have a client who has asked me to prepare a will that includes a substantial residuary provision that would authorize the PR to select charities to receive shares of the estate.  I have not come across this before and I wonder first if a PR can select beneficiaries and second whether this provision would pass muster as a charitable gift to entitle the estate to the charitable deduction for estate tax purposes.  Is there another way that people use to accomplish this objective such as a trust?  But can a trustee select the beneficiaries of a trust?  And would a testamentary gift to a trust qualify for the charitable tax deduction?  Thanks for your consideration.  Yours truly, Douglas Owens

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End of WSBAPT Digest, Vol 42, Issue 9
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