[WSBAPT] disclaimer of interest

[Harkiran Sekhon]

Appreciate the responses. So per 11.86.041, the disclaiming beneficiary's
interest is passed as if that beneficiary had died.

Subsection 4 states that the disclaimer is binding upon the beneficiary and
all persons claiming through or under the beneficiary, does this mean that
the disclaiming beneficiary's interest would split among her siblings (who
are also beneficiaries) rather than her child?

On Tue, Aug 23, 2022 at 8:34 AM Diane J. Kiepe <DJKiepe at depdslaw.com> wrote:

> 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
>
> djkiepe at depdslaw.com
>
> 509-455-5300
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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 *
>
>
>
> [image: OseranHahnAttyatLaw 8]
>
>
>
> 11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
> Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail:
> npleasants at ohswlaw.com
>
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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
>
> eric at sayrelawoffices.com
>
>
>
> *Covid-19 Update - *All attorneys are working remotely during regular
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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 | A: 707
> S. Grady Way STE 600 Renton, WA 98057
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-- 
Harkiran Sekhon
she/her
Estate Planning and Probate Attorney
*Sekhon Law, PLLC*
P: (425) 207-4866 | F: (425) 207- 4986 | W: www.sekhonlawpllc.com | A: 707
S. Grady Way STE 600 Renton, WA 98057
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