[WSBAPT] question about testamentary disclaimer trusts

[Susan Donahue]

Excellent explanation Mark.  Thank you so much.

 

Susan

 

 

Susan Donahue

Law Office of Susan Donahue

125 West 2nd Avenue, Suite "B"

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

 <mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com

 <http://www.sdonahuelaw.com> www.sdonahuelaw.com

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Mark Vohr
Sent: Wednesday, January 29, 2020 12:57 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] question about testamentary disclaimer trusts

 

Yes - the surviving spouse can be the beneficiary of a disclaimer trust
funded by his or her disclaimer.  What the disclaimant can't do is direct,
in any way, the distribution of the funds in making the disclaimer.  Think
of a disclaimer as an event where the disclaimant is treated as
pre-deceasing the creator of the interest.   Logically, that disclaimant
can't be directing what happens to the disclaimed funds.  

 

Regards, 

 

Mark

 

Mark C. Vohr, Esq.

Ohana Fiduciary Corp.

Ohana Financial Services

A Washington Trust Company

Mark C. Vohr, J.D., CPG, Principal

PO Box 33710  Seattle, WA  98133

T:  (206) 782-1189 F:  (206) 782-1434

mcv at ohanafc.com <mailto:mcv at ohanafc.com>       www.ohanafc.com
<http://www.ohanafc.com> 

 

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Susan Donahue
Sent: Wednesday, January 29, 2020 12:22 PM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] question about testamentary disclaimer trusts

 

Hello again list serve members,

 

A colleague and I have a question about testamentary disclaimer trusts:  Can
the surviving spouse who has created the disclaimer trust also have access
to the assets of the trust, i.e., be a beneficiary of the testamentary
disclaimer trust?

 

Thank you for any thoughts and insights you have.

 

Susan

 

Susan Donahue

Law Office of Susan Donahue

125 West 2nd Avenue, Suite "B"

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

sdonahue at sdonahuelaw.com <mailto:sdonahue at sdonahuelaw.com> 

www.sdonahuelaw.com
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