[WSBAPT] disclaimer template

[Joshua McKarcher]

Or, if the trust (or beneficiary designation, if the interest is an IRA, say) is advanced enough, it may provide for where a particular disclaimed interest goes. Truly, proceed cautiously, and ideally (if your first disclaimer) with a lawyer’s guidance who has done one or two before. Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eden Rubenstein Toner
Sent: Thursday, July 16, 2020 9:29 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] disclaimer template

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<http://www.edenrtoner.com>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto: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: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm<http://www.hawkeslawfirm>

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 Jenna Brozik
Sent: Wednesday, July 15, 2020 4:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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<mailto:jennaprinzlaw at gmail.com>

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