[WSBAPT] Can Beneficiary Refuse Distribution of RP?

Wed Feb 9 17:34:18 PST 2022

Yes, that vesting rule with respect to contaminated property issue came up
recently and is perplexing. Seems like if there is no acceptance element to
rule then you could really screw someone over in your estate plan by leaving
them dirty dirt, intentional or not.  Cy

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon); Phone:
360-472-1223 

Mail: POB 367, Shaw Island, WA 98286; Physical Office:  640 Mullis St #214,
Friday Harbor, WA

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Bruce Moen
Sent: Wednesday, February 9, 2022 4:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Can Beneficiary Refuse Distribution of RP?

I understand the common law rule is that a done or a purchaser has to
"accept" the transfer.  When the recipient records, then the inference is
that they accepted it.  When the Grantor records, then no inference of
acceptance.

I've never been able to reconcile "acceptance" with the instant vesting rule
upon the death of an owner to the heirs.  Contaminated land or not.

  -Bruce Moen

From: wsbapt-bounces at lists.wsbarppt.com
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<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Wednesday, February 9, 2022 1:33 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Can Beneficiary Refuse Distribution of RP?

I do not believe you can force a beneficiary to accept real property if they
do not want it.  One of the prerequisites to a valid transfer is the deed is
given to, and accepted by the Grantee.  If you can force a person to take
real property, then find me some contaminated property to give to my "best"
friend.

Jeff

W. Jeff Davis

BELL & DAVIS PLLC
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
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From: wsbapt-bounces at lists.wsbarppt.com
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<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Diane J. Kiepe
Sent: Wednesday, February 9, 2022 8:18 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Can Beneficiary Refuse Distribution of RP?

Hello John,

In a situation where you suspect a beneficiary is not happy with such a
transfer, I probably would not do the transfer standing alone.  As we know
the Trustee has a fiduciary responsibility to all beneficiaries and I would
question why he feels like, for all beneficiaries, this transfer makes
sense.  Having the power to do something, in of itself, is not a defense to
the overriding fiduciary duty, in my opinion.  I don't think you can force
real estate on someone.  

You may want to look at the 30 day notice in in RCW 11.98.145 which implies
that while pro rata distributions are allowed, beneficiary can object to
same.

Ultimately, of course the Trustee will make the call but I think you must
counsel him on the point above, the right to do something does not mean that
action stands above challenge.

Best of luck to you.

Diane J. Kiepe

Diane J. Kiepe

Douglas Eden

717 W. Sprague Ave.

Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com <mailto:djkiepe at depdslaw.com> 

509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com
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<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Stuart Scarff
Sent: Tuesday, February 8, 2022 5:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Can Beneficiary Refuse Distribution of RP?

An "agent" can sign on the Beneficiary's behalf, e.g., the Trustee. I have
frequently had an agent sign on a Grantor or Grantee's behalf, but
admittedly never in a situation where the parties were not in agreement
regarding the conveyance. 

Stuart Scarff, Esq.

3035 Island Crest Way, Suite 201

Mercer Island, WA  98040

206.236.1500

206.905.5912 (fax)

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

 <http://www.facebook.com/ScarffLawFirm>
<http://www.linkedin.com/pub/stuart-scarff/2/706/97>
<http://www.scarfflaw.com/> 

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<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of John Sullivan
Sent: Tuesday, February 8, 2022 4:45 PM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] Can Beneficiary Refuse Distribution of RP?

Listmates:

I think we've discussed this before, but would appreciate refreshing my
recollection. 

Trustee is ready to close trust, containing real property and securities.
Trustee wants to distribute a parcel of land to one beneficiary, and I
concerned the beneficiary may not want it. What happens if the beneficiary
refuses to sign the REET Affidavit as "Grantee?" 

Best regards, 

John J. Sullivan

Attorney

Lyons | Sullivan

10655 NE 4th Street, Suite 704

Bellevue, WA  98004

425.451.2400 tel 425-451-7385 fax

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

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