[WSBAPT] Disclaiming property through a small estate affidavit

Suzanne Lieberman suzanne at cmslawfirm.com
Fri Feb 19 14:28:33 PST 2021


Hello,

We have a client for whom we are filing a small estate affidavit. The
assets are his decedent wife's old pension check and old life insurance
payment (both made out to wife's estate), that total less than $100k.

Will cannot be located. Client has 3 children and all the children agree
that their mom, who had advanced dementia, wanted everything to go to their
dad, our client.

What is the procedure for an heir to "disclaim" their share in a small
estate affidavit? Can our client simply provide written notice to his
children - Notice to Other Successors - and check the box that says "I
believe I am entitled to this property because" my wife wanted me to have
everything and the children have consented to this, or do we need to have
our client claim the property on his kids' behalf, but then distribute to
kids and have them distributed back? I.e. do we need to have client check
the other box and then get authorizing Forms to Claim Property on Behalf of
Another from the children? This seems odd, but I just want to make sure
there isn't some formal (or informal) disclaimer process.

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
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indicated otherwise, any federal tax advice contained in this communication
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