[WSBAPT] Disclaimer

[Philip N. Jones]

I get the impression that you have a sense of humor and don’t mind me needling you.
An Oregon attorney once posted that a computer store had taken advantage of an elderly gentleman by selling him some inappropriate chords.  I responded that I could see selling arpeggios and maybe some tone progressions, but chords would be had to hear.  One member of the listserv said he wanted to jump off of a clef.
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 Diane J. Kiepe
Sent: Wednesday, September 8, 2021 4:06 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

Oh Phil – you got me 😉

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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 Philip N. Jones
Sent: Wednesday, September 8, 2021 1:57 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

Is going rouge the same thing as wearing lots of makeup?
What if someone were to go rogue and rouge all at the same time?  Sounds wild!
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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Diane J. Kiepe
Sent: Wednesday, September 8, 2021 1:41 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

I would absolutely say the disclaimer is valid (assuming proper timing, in writing, no benefits, etc. etc.) absent a prearranged agreement.  As we all know, daughter may have an expectation and she may very well end up with everything but mom could always go rouge with the new friend 😉

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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 Inge Fordham
Sent: Tuesday, September 7, 2021 4:40 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

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
[cid:image002.jpg at 01D7A4CE.5549B0F0]
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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