[WSBAPT] Non-probate assets - Will - RCW 11.18.200

[Neli Espe, J.D. - Olympic Legal]

Dear List-mates,

WA estate is subject to WA estate tax. The Will states that estate taxes are to be paid out of the residue. The assets in the residue are sufficient to pay the estate tax.

Decedent left substantial investments accounts with POD/TOD designations. The probate and non-probate asset beneficiaries are not the same set of people.

RCW 11.18.200(1) states “unless expressly exempted by statute” … a beneficiary of non probate asset  takes the asset subject to  … estate taxes.

Question: Does the Will clause regarding payment of estate taxes out of the residue provide an exemption from RCW 11.18.200? Is there any other provision that I am missing?

Thank you
___________________________________
   Neli Espe, J.D., Olympic Legal
                360.630.3635
            olympiclegal.com<http://olympiclegal.com/>
Estate Planning | Probate | Real Estate
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