[WSBAPT] Conditional gift?

[Rick Hoss]

Of the possible answers to this client, Eric's positive shift to volunteer
hours or causes is the best.

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, March 14, 2019 4:40 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Conditional gift?

 

Not that you OR your client is asking to have their mind changed, but I have
sometimes talked to client about changing their negative wishes into
positive ones. What about conditioning the gift on, say, documented minimum
X hours volunteer work for a particular organization that has a purpose the
client sees as countering the aspect of Greek life s/he dislikes so much?
And re the political party, if it's just anti-Republican, how about work to
make redistricting a non-partisan process nationwide, or to allow some type
of ranked voting to diffuse the two-party system, or some kind of non-profit
that has a mission explicitly counter to some part of the Republican
platform?

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1417 31st Ave South

Seattle WA  98144-3909

phone 206-625-0092

fax 206-625-9040

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, March 14, 2019 4:11 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Conditional gift?

 

I dunno about legality, but my first thought is how would the Trustee even
be able to verify whether or not the conditions were met? The fact of voting
is not secret, but the vote itself is. Even the "never been a Greek" is
pretty difficult to really verify (and do the secret society groups like
Skull and Bones at Yale count, or is it just the American Greek system?). An
affidavit from the beneficiary doesn't seem too reliable.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1417 31st Ave South

Seattle WA  98144-3909

phone 206-625-0092

fax 206-625-9040

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Adrienne Keith Wills
Sent: Thursday, March 14, 2019 3:40 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Conditional gift?

 

Hi Listmates:

 

I have a client who has some strongly-held beliefs and has expressed a
preliminary desire to make testamentary gifts to some nieces/nephews if
they've turned 25 and if all of the following are also true:  Recipient is
not a registered member of the Republican party, has never voted for a
Republican candidate, and has never been a member of a college
fraternity/sorority.  

 

The conditions aren't to induce illegal behavior but I'm curious to get a
read on "rewarding" someone's voting choices.  The condition wouldn't
prevent someone from voting, and it would apply to votes that had occurred
at the time of the testator's death.  

 

Thanks in advance, Adrienne

 

--

Adrienne Keith Wills, Attorney/Mediator 

Helping family law and estate planning clients create their legacy 

 

1700 Seventh Ave, Suite 2100 | Seattle, WA  98101

Web:  www.AdrienneKeith.com <http://www.adriennekeith.com/>  | Tel. (206)
523-3047 <tel:%28206%29%20523-3047>  | Fax (206) 219-6714

 

 

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