[WSBAPT] Gifting of intestate shares

Tue Sep 14 14:09:38 PDT 2021

A couple thoughts:

On your first client situation. If the property truly I separate, the surviving spouse would be entitled to ¾, and the siblings together only ¼. RCW 11.04.015<http://app.leg.wa.gov/RCW/default.aspx?cite=11.04.015> It is possible that their ¼ isn’t that so much value that simply gifting to the surviving spouse would be within the $15,000 annual exclusion, a different situation in any case than them each being entitled ¼. A TEDRA agreement would be a good idea if the goal is to have the deed flow from the estate directly to the spouse rather than deeds to siblings and then gift deeds back. I think the truck, if they agree to give it to her can be fairly easily handled by going into the vehicle licensing office with the title, a death certificate and marriage certificate. I’m not sure they would care too much about the agreement.

On the second client situation: If the ex-wife (mom) was awarded the property in the divorce, the fact that decedent is still on title doesn’t make it an estate asset to be distributed to children. The administrator of the estate should be executing a quit claim deed pursuant to the divorce decree.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D7A972.25D263F0]
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/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

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)

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/20210914/677183b3/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 17884 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210914/677183b3/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 18009 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210914/677183b3/image002.png>