[WSBAPT] advancement

[Lewis, Amy C.]

This raises a good drafting tip – when I include these provisions on the front end, I specify that the debt should be taken into account regardless of whether it is legally enforceable at the time of death.


Amy Lewis, Attorney

[cid:Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png]

1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Friday, July 31, 2020 12:46 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] advancement

I agree with Terry, at least with regard to a debt that was enforceable but is now barred by statute of limitations. The S/L only bars an affirmative suit to enforce the debt; it does not prevent an Estate from deducting the debt owed from an inheritance.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone; please call the Seattle office. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis; please call the Seattle office.

MAIL AND DELIVERIES can be received at the Seattle office. For any other needed arrangements, please call the Seattle office.

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 Terry Tassin
Sent: Friday, July 31, 2020 12:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] advancement

I ran into this some years ago, with a beneficiary represented by a very aggressive attorney. He said yes, the debt has to be enforceable.  I and trustee said no, unless the trust so states. We won.
_____________________________
TERRY J. TASSIN, JR.
Scarborough, McNeese, Oelke & Kilkenny, P.C.
Attorneys at Law
Five Centerpointe Drive, Suite 240
Lake Oswego, Oregon 97035-8682<x-apple-data-detectors://0/0>
Tel:  503.601.3698<tel:503.601.3698>
Fax: 503.601.3699<tel:503.601.3699>
Email:  tjt at smoklaw.com<mailto:tjt at smoklaw.com>
Web:  www.smoklaw.com<http://www.smoklaw.com/>

The information transmitted in this e-mail message and attachments, if any, may be attorney-client information, including privileged or confidential material, and is intended only for the use of the individual or entity named above.  Distribution to, or review by, unauthorized persons is prohibited.  If you have received this transmission in error, please immediately notify the sender and permanently delete this transmission including attachments, if any.


On Jul 31, 2020, at 12:21 PM, Bryce Dille <Bryce at dillelaw.com<mailto:Bryce at dillelaw.com>> wrote:

If trust states that any amount owed by a beneficiary  to trust grantor is to be considered an advancement when making a final distribution does the debt have to be legally enforceable when distribution is made in my case s/l has run on the debt owed trustor? Thanks for your input

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management
Business, Government and Tax Law
Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt

 IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission. Rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200731/0a8710d7/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png
Type: image/png
Size: 22687 bytes
Desc: Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200731/0a8710d7/Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png>