[WSBAPT] marital deduction and community property

[sdonahue at sdonahuelaw.com]

Roger and Martin,

 

Thank you for your responses.  Definitely having an well-experienced cpa on
this probate.  It's not an invalid will or an invalid marriage.  There is no
idea of asserting anything like that.  But thanks for your idea anyway.

 

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

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Martin
Sent: Tuesday, August 31, 2021 10:29 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] marital deduction and community property

 

I think possible better chance finding the right attorney to start, and
given the location you can easily find one in Seattle but even in Spokane if
your client would prefer an eastside feel I think you could try Randall,
Danskin.  Just checked because a very very bright lawyer who preceded me in
the NYU program just died at 63, but the firm has a tax and estate planning
department.  I sublet at Stokes Lawrence and firms of that size and genre
also prepare returns in house.  Sounds like there are a number of issues and
I would expect the surviving spouse to also lawyer up so you need a firm
that can handle at least potential litigation.  Stokes is known for estate
litigation if you prefer a west side firm.  

 

From: wsbapt-bounces at lists.wsbarppt.com On Behalf Of Roger Hawkes
Sent: Tuesday, August 31, 2021 9:40 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] marital deduction and community property

 

Susan: I think  you need a high end cpa to deal with an estate like this.
And consider whether there is a possibility and/or advisability of trying a
declaration of invalidity.  A valid spouse with no valid will gets half of
separate property; sounds like she would be motivated to go that route.

 

Roger Hawkes, WSBA # 5173                                                   

 

Sultan Office:      423 Main (physical office)

                                 Box 351, Sultan, WA 98294 (incoming mail)

                                 Sultan, WA 98294

 

Shoreline Office:   19944 Ballinger Way NE

                                  Shoreline, WA 98155

 

Phone: 206 367 5000; fax: 206 367 4005

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

Web site: www.hawkeslawfirm.com <http://www.hawkeslawfirm.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
sdonahue at sdonahuelaw.com <mailto:sdonahue at sdonahuelaw.com> 
Sent: Tuesday, August 31, 2021 9:19 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] marital deduction and community property

 

No.  They did not.

 

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

 

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 Natalie Kuehler
Sent: Tuesday, August 31, 2021 9:05 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] marital deduction and community property

 

Did they have a community property agreement? I hope so!

 

 

Natalie N. Kuehler

 

CONFIDENTIALITY STATEMENT: This message contains information that may be
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From:  <mailto:wsbapt-bounces at lists.wsbarppt.com>
wsbapt-bounces at lists.wsbarppt.com <
<mailto:wsbapt-bounces at lists.wsbarppt.com>
wsbapt-bounces at lists.wsbarppt.com> on behalf of
<mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com <
<mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com>
Date: Tuesday, August 31, 2021 at 8:50 AM
To: 'WSBA Probate & Trust Listserv' < <mailto:wsbapt at lists.wsbarppt.com>
wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] marital deduction and community property

Hello listserve helpers,

 

I am doing a probate for a man who died about 10 days after getting married.
His estate is probably over the exclusion amount, probably well over.  I
need some clarification about how community property relates to the marital
deduction.  With such a short term marriage, does community property even
apply to the distribution of his estate?  Does the marital deduction apply?
How do the martial deduction and community property relate in this
circumstance?  95% of his residual estate goes to charity, but I would like
to be able to get the entire estate below the exclusion amount so that there
are no taxes.  The charitable deduction probably won't do it since there is
quite a bit of property given to his wife-the house and condo, the airplane
and hanger and all the tangible personal property.  So, will the marital
deduction/community property provisions apply?  And if so, how?

 

Any suggestions or comments?  All would be welcomed.

 

Thank you,

 

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

 

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