[WSBAPT] Gifting of intestate shares

[Suzanne Lieberman]

Hello,

Seemingly straightforward, but I have not done these before. Decedent
spouse is the Administrator of intestate estate. Decedent also had 4
siblings. The only assets left in decedent's name are a house and truck
bought several years before the marriage. I did a tracing analysis and
wrote to the siblings to let them know the 1/4 shares they are each
entitled to. All 4 want to gift their shares to our client.

Should I have the siblings sign a TEDRA Non-Judicial Binding Agreement, per
RCW 11.96A.220 and file that with the court? If so, is anyone willing to
share a template for such a thing?  No separate proposed order, per RCW
11.96A.230 is required, correct?

After that, can we use that Agreement to draft a PR deed putting the house
fully into our client's name? What about the DOL/truck issue? Does DOL just
need to see that signed Agreement to transfer title to her?

We have another client who is the ex-wife of decedent who passed in 2012,
also without a will. Their 3 kids are the heirs but client gets the house
per the divorce decree and the kids all want to gift their shares to their
mom. What is the best way to go about this one? TEDRA Non-Judicial Binding
Agreement with the kids gifting their shares and filing the divorce decree
with the court, then drawing up the PR deed in client's name alone?

Best,

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).*
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210914/709b275a/attachment.html>