[WSBAPT] Disclaiming property through a small estate affidavit

[Roger Hawkes]

Have kids and dad all sign the sea stating dad can collect the items.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Friday, February 19, 2021 2:29 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Disclaiming property through a small estate affidavit

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 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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