[WSBAPT] Conditional gift?

Felicia Value felicia at skagitprobate.com
Sun Mar 17 10:32:21 PDT 2019


Eric,  you're looking at this like a real problem solver.  Love the 
positive approach.

On 3/14/2019 4:40 PM, Eric Nelsen wrote:
>
> 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> 
> [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 <mailto: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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-- 
Felicia Value
Attorney at Law
PO Box 578/116 N. Third
La Conner,  WA 98257
(360) 466-2088
Felicia at skagitprobate.com

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