[WSBAPT] disclaimer template

Thu Jul 16 09:28:31 PDT 2020

Roger is right.  A qualified disclaimer treats the disclaimant as though he/she predeceased the gift; therefore, it cannot be directed by the disclaimant.  And look at the anti-lapse statute for where the disclaimed property would go.

Eden Rubenstein Toner

Attorney at Law

21301 Hwy 410 E, #140

Bonney Lake, WA  98391

Phone 206-953-4485

www.edenrtoner.com

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Thursday, July 16, 2020 8:11 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] disclaimer template

Jenna: be very, very careful with that.  The disclaimer statute states what a disclaimer accomplishes.  I don’t believe it allows the disclaimant to direct what happens to the inheritance disclaimed.

Roger Hawkes, WSBA # 5173

Shoreline Office: 19944 Ballinger Way NE

                                Shoreline, WA 98155

Sultan Office:        423 Main

                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005

Email:  <mailto:roger at law-hawks.com> roger at law-hawks.com  

Web site: www.hawkeslawfirm

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jenna Brozik
Sent: Wednesday, July 15, 2020 4:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] disclaimer template

Hello Listmates, 

One of my clients has a Living Trust with her husband.  The husband died a couple of months ago.  She would like to disclaim part of her estate into the "Decedent's Trust" to avoid estate taxes for their children.  There is about 2.5 million in the estate.  Does anyone have a disclaimer template they can provide me?

Thanks in advance, 

Jenna Brozik

Attorney at Law

Prinz & Brozik PLLC

445 S Grand Ave

Pullman, WA 99163

(509)338-0908 / (509) 338-3527 (fax)

jennaprinzlaw at gmail.com

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