[WSBAPT] Disclaiming property through a small estate affidavit - disabled heir

[Suzanne Lieberman]

Hello,

I had asked in February about the procedure for "disclaiming" property
through a small estate affidavit and received very helpful responses -
thank you.

Would it be possible for a surviving spouse to claim his decedent wife's
assets (all separate, no will) for himself if one of his children
(daughter) is on disability? What if the surviving spouse is that child's
guardian? Would he provide a Notice to Successor to his other child,
enabling the ss to claim the assets for himself, and then have his son
sign/notarize and sign for his daughter on the Small Estate Affidavit? Or
would ss need to set up a special needs trust and not be able to disclaim
but we could still use the SEA procedure? Or would we need to open probate
and do a special needs trust even though the assets are way under $100k. Or
am I overcomplicating things?

We are just talking about 2 cars and a boat that need to be retitled from
decedent to surviving spouse.

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC <http://cmslawfirm.com/>
*811 Kirkland Ave. Suite 201 *(please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


Legal stuff I have to put in... *To ensure compliance with Treasury
Department and IRS regulations, we inform you that, unless expressly
indicated otherwise, any federal tax advice contained in this communication
(including any attachments) is not intended or written by CMS Law Firm LLC
to be used, and cannot be used by the taxpayer, for the purpose of: (i)
avoiding penalties that may be imposed on the taxpayer under the Internal
Revenue Code; or (ii) promoting, marketing, or recommending to another
party any transaction or matter addressed herein (or any attachments).*
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