[WSBAPT] Disclaimer

[Philip N. Jones]

There absolutely cannot be any agreement that she will receive something.  That would be consideration, which is prohibited under the disclaimer statutes.
Also make sure that daughter does not have children, so the disclaimed assets do not go to her children.
Phil Jones

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Tuesday, September 7, 2021 1:36 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>; 'KCBA Real Property, Probate and Trust Law Discussion List' <realpropertyprobatetrustlaw at lists.kcba.org>
Subject: [WSBAPT] Disclaimer

Is there any reason an individual disclaiming property under her mother's Will couldn't later receive gifts from her father while alive, or under his Will that might include the same disclaimed property or cash from the proceeds thereof?

A specific gift ended up being larger than parents thought (in excess of WA exempt amount) and daughter is hoping a disclaimer now could save WA estate tax. But as an only child, she will likely receive it eventually anyway.

Heather

Heather S. de Vrieze
Attorney-at-Law
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