[WSBAPT] Conditional gift?

[Timothy Austin]

Eric,

Is the aunt going to disclose those conditions presently to influence behavior, or simply punish behavior after the fact? Good thing she's not my aunt. I wouldn't have received a dime.

What about convicted felons?

Tim

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Timothy L. Austin
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Felicia Value
Sent: Sunday, March 17, 2019 10:32 AM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Conditional gift?




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> [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

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Felicia Value

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