[WSBAPT] Beneficiary gifted money prior to death in lieu of inheritance

Philip N. Jones pjones at duffykekel.com
Thu Aug 20 17:10:31 PDT 2020


Disclaimers are not supposed to be signed for consideration.  Better might be a receipt acknowledging the gift and acknowledging that the bequest has been satisfied.
Phil Jones
Portland OR

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lovie Bernardi
Sent: Thursday, August 20, 2020 1:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Beneficiary gifted money prior to death in lieu of inheritance

Dear fellow listserve members,

I understand from the PR that a beneficiary was given her cash bequest prior to the death of the decedent, with the understanding the gift was in lieu of the bequest in the will. I was all set to draft a receipt, then thought it is more properly a disclaimer, given the will was not redrafted to remove the bequest. If so, should I reference the predeath gift in the disclaimer? Thanks!

Lovie

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

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