[WSBAPT] Assignment of beneficiary's interest in estate

[Jennifer Johnson]

Good afternoon all,

I've been asked to review an Assignment of Interest that was prepared for an estate beneficiary, and not having ever seen one (my probate practice is limited), I'm wondering about the practice and the pitfalls.

The details are that the deceased supposedly executed a Will leaving his entire estate to his two stepdaughters. The stepdaughters have looked everywhere and have not been able to find the Will or a signed copy of it. The deceased's intestate heir is his mother, who does not want to inherit. His mother is the one who would be signing this Assignment of Interest to the two stepdaughters, since she believes that her son's intent was to leave everything to them.

Is this a common practice? I know it isn't a disclaimer and assume the transfer would be treated as a gift for tax purposes. Are there other pitfalls I'm not thinking of?

Thank you for your collective wisdom.

Jennifer

Jennifer M. Johnson

Title Officer | Attorney
Wahkiakum Title & Escrow Co.
Hanigan Law Office, PS
68 Main Street / P.O. Box 39
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)
www.wahtitle.com

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