[WSBAPT] disclaimer of interest

[Jeff at bellanddavispllc.com]

The father could just take the inheritance and give it to his daughter.  I know there may be gift tax issues, but that would be the same with a TEDRA agreement.

 

Jeff

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Tuesday, August 23, 2022 11:10 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] disclaimer of interest

 

Here’s an interesting twist – I have a case where grandparents passed leaving one son (the sole beneficiary per wills executed by the grandparents).  The granddaughter is the person who took care of the grandparents in their later years and paid the mortgage for the estate property for 10 years following the last of the grandparents to pass.  Father wants the estate property to pass to his daughter (rather than him).  He can’t disclaim b/c then the estate property would be split between granddaughter and her siblings.  Since he’s the sole beneficiary, can’t he execute a TEDRA Agreement with the daughter wherein he relinquishes all right, title, and interest in the property and specifies that the estate property should go to daughter in consideration of her caring for the ailing grandparents and paying the mortgage, property taxes, maintenance, and repairs on the property for a period of 10 years?

 




Inge A. Fordham | Attorney

Fordham Law, PLLC

3218 Sixth Avenue | Tacoma, WA 98406

Office: (253) 348-2657 | Mobile: (206) 778-3131

 <http://www.fordhamlegal.com> www.fordhamlegal.com

 

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.

 

From: <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of "Diane J. Kiepe" <DJKiepe at depdslaw.com <mailto:DJKiepe at depdslaw.com> >
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Date: Tuesday, August 23, 2022 at 8:15 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] disclaimer of interest

 

Eric and Nicholas are correct and the process is, in my experience, easy.  One caveat, if the person wants to redirect because of creditor issues, that adds a layer of legal analysis.

 

Diane J. Kiepe

 

Diane J. Kiepe

Douglas Eden

717 W. Sprague Ave.

Suite 1500

Spokane, WA  99201

 <mailto:djkiepe at depdslaw.com> 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 Nick Pleasants
Sent: Monday, August 22, 2022 6:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] disclaimer of interest

 

They could execute an assignment of interest. This is not tax advice to you or anyone, but it is probably a taxable gift that needs to be reported on a 709.

Best, 

Nick

Nicholas Pleasants | Shareholder 

 



 

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail:  <mailto:npleasants at ohswlaw.com> npleasants at ohswlaw.com 

 

CONFIDENTIALITY NOTE: This e-mail message contains information belonging to the law firm of Oseran Hahn, P.S., which may be privileged, confidential and/or protected from disclosure. The information is intended only for the use of the individual or entity named above. If you think that you have received this message in error, please e-mail the sender. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited.

 

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 Eric Nelsen
Sent: Monday, August 22, 2022 2:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] disclaimer of interest

 

Nope. Disclaimer is considered to have predeceased. RCW 11.86.041 <https://app.leg.wa.gov/RCW/default.aspx?cite=11.86&full=true#11.86.041> .

 

If the beneficiary wants someone in particular to get it, they must accept the interest, and then gift it to the other person. With all the tax and other implications that involves.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

 <mailto:eric at sayrelawoffices.com> eric at sayrelawoffices.com

 

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

 

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 Harkiran Sekhon
Sent: Monday, August 22, 2022 2:14 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] disclaimer of interest

 

Hi Listmates, 

 

Can a beneficiary who disclaims interest specify who they would like to take over their interest? 

 

Thank you,

 

Harkiran


 

-- 

Harkiran Sekhon

she/her

Estate Planning and Probate Attorney 

Sekhon Law, PLLC

P: (425) 207-4866 | F: (425) 207- 4986 | W: www.sekhonlawpllc.com <http://www.sekhonlawpllc.com>  | A: 707 S. Grady Way STE 600 Renton, WA 98057

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220823/9e2ca792/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 14096 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220823/9e2ca792/image001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 4327 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220823/9e2ca792/image002.jpg>