[WSBAPT] Gifting of intestate shares

Tue Sep 14 13:22:57 PDT 2021

You need to be careful and consult with a CPA in these situations.
There is a difference between a disclaimer of inheritance which defaults to the other heirs OR a taking of the inheritance and then gifting it to another.
Once you do that, you can advise your Administrator on moving forward.  The other heirs who were to inherit appear to be pro se but make sure they are told to get their own counsel and contact CPA as this might impact them financially and with the IRS.

You can do a disclaimer of inheritance which is not a TEDRA agreement if it works out and everyone agrees.
Or, I have done several TEDRA agreements and am happy to share with you if that appears the way to go but you need to do the above first so you are not impacting these heirs in a negative way.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
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dalynne at glgmail.com<mailto:dalynne at glgmail.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Tuesday, September 14, 2021 1:09 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Gifting of intestate shares

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)

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