[WSBAPT] Disclaimer

[Philip N. Jones]

That is the magic question.
Although I would probably prefer to pose the question “Is it an invalid or nonqualified disclaimer?” rather than “Is it a wrongful disclaimer?”
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 – office
(503) 853-1482 – cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Tuesday, September 7, 2021 4:40 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: Re: [WSBAPT] Disclaimer

What if there’s no agreement?  Is it a wrongful disclaimer just because she knows she may inherit from her father by virtue of the fact that she is his only child?  I can see there may be a problem if he has a will that devises everything to her - but is it still wrongful if she ends up inheriting the disclaimed property (by the laws of intestate succession or by virtue of a later-executed will over which she has no control)?


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of "Philip N. Jones" <pjones at duffykekel.com<mailto:pjones at duffykekel.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Tuesday, September 7, 2021 at 3:26 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>, "'KCBA Real Property, Probate and Trust Law Discussion List'" <realpropertyprobatetrustlaw at lists.kcba.org<mailto:realpropertyprobatetrustlaw at lists.kcba.org>>
Subject: Re: [WSBAPT] Disclaimer

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto:wsbapt at lists.wsbarppt.com>>; 'KCBA Real Property, Probate and Trust Law Discussion List' <realpropertyprobatetrustlaw at lists.kcba.org<mailto: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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3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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