[WSBAPT] POA silent on gifting

Tue May 22 14:04:03 PDT 2018

Or ... fund CST when time comes and then empty it to SS with a TEDRA. SS can then gift it because there’s no gift tax in WA. 

John J. Sullivan

Sent from my iPhone

> On May 22, 2018, at 1:51 PM, Krista MacLaren <kjm.inc at mac.com> wrote:
> 
> Hi Folks,
> 
> My question today is whether a POA that is silent on the topic of gifting can be relied upon to gift (to the Agent and his brother) for the purpose of bringing an estate that is hovering over the WA exemption amount under it, so as to avoid funding a credit shelter trust.  The surviving spouse lives off of her income so it should not waste assets that she might need.  The only people involved are the surviving spouse who has advanced dementia, and her two sons who get along and have her best interests in mind, and are the eventual beneficiaries of her estate.
> 
> The POA does authorize “transfers” for the purpose of qualifying the principal for Medicaid, but it is silent on the opposite scenario.
> 
> I appreciate you all so much and appreciate you taking the time to respond.
> 
> 
> Krista J. MacLaren
> Attorney at Law
> Northgate Executive Center II
> 9725 3rd Ave NE, Suite 600
> Seattle WA 98115
> (206) 523-6116
> kjm.inc at icloud.com
> 
> Please note, as with most email providers, Mac does not encrypt email messages. Accordingly, the confidentiality of messages sent to this address cannot be assured. This e-mail is intended for viewing only by the individual or entity to whom its content is addressed, and it may contain confidential or privileged information. If you received this email in error, please honor the privacy of the intended recipient: reply to the sender regarding the error and delete the message.
> 
> 
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