[WSBAPT] Assignment of beneficiary's interest in estate

[Joshua McKarcher]

Thanks, Phil. I appreciate the honesty of your “someone else’s problem” caveat to your perspective. Below is a related observation re Washington e-wills and the “custodian” requirement added to the uniform statute.

So far, at least (hedging intended), I believe this innovation is useful for imposing a significantly less burdensome obligation than storing hundreds or thousands of hard copy wills, particularly for firms without the staff of a medium or large firm but with Washington’s ethical/IOLTA-related logging/tracking requirements that apply to things like wills and deeds held in storage.

So far, at least, I believe Washington’s Electronic Wills Act bridges this divide somewhat by providing for a custodian requirement and allowing law firms and non-profit entities to serve as custodians. This was an addition to the uniform act, but I so far cannot find a reason not to like it. (An e-will that is not successfully held by a custodian can still be proven in the same manner one proves a “lost” will. For a secure PDF that has no indication of being monkeyed with, this should be as straightforward as probating a photocopy of a lost will.)

I have a small if not solo firm, and I limit holding original paper wills (but provide modern alternatives that serve as useful backups for a truly lost will without requiring my office to store hundreds or thousands of paper wills).

But I will happily serve (so far, at least) as custodian of a Washington e-will (read: a “locked down,” secure Adobe signature-certified gem of a document) given that I can very easily transfer custodianship of hundreds or thousands of such e-wills to another qualified custodian, probably providing that new custodian one affidavit with a (redactable) exhibit listing the e-wills transferred. I do not have to provide a separate affidavit for every single e-will. I have to provide each client or his/her family notice, obviously, but that cannot be harder than doing likewise for hard copy wills.

An ACTEC speaker asserted on an excellent ALI CLE in the last several months that she – like me, initially skeptical of electronic wills – now prefers a secure (“locked down”), e-signed, e-witnessed, PDF will to any hard copy will. Now that I am familiar with the technology supporting this development, and have implemented a few, I am with her all the way.

It will be quite a while before e-wills predominate, but I suspect they may as more and more responsible lawyers and custodians (hopefully not just online will “robots” to whom we lawyers concede the “marketplace”) do the service to our society of implementing thoughtful (even creative) processes for drafting, reviewing, executing, storing, and delivering e-wills (and other e-signed and RON’d documents that ordinarily accompany wills).

All my best regards, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Monday, June 20, 2022 3:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; Jennifer Johnson <jen at haniganlaw.net>
Subject: Re: [WSBAPT] Assignment of beneficiary's interest in estate

By the way, and off the subject of how to get the assets to the stepchildren, and at the risk of starting a whole new debate, this story lends support for why attorneys should keep the original signed will in their file or in a vault.  Much less likely to be misplaced.
Of course, solo and small firm practitioners don’t like to keep original wills, because they will want to retire someday.  Large and medium firm attorneys are happy to do it, because it eventually becomes someone else’s problem.  I fall into the latter category.  There is something very satisfying about receiving a call from a family member telling me that Dad has died, and I then express condolences and point out that I have the original will.  I don’t care if the family goes to a different firm for the probate, I have done them a great service by making the original will readily available.
Practicing law is a service industry.
Phil Jones
Portland, OR

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 – office
(503) 853-1482 – cell
(503) 226-3574 - fax

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 Diane J. Kiepe
Sent: Monday, June 20, 2022 1:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; Jennifer Johnson <jen at haniganlaw.net<mailto:jen at haniganlaw.net>>
Subject: Re: [WSBAPT] Assignment of beneficiary's interest in estate

Ditto – disclaiming could be a nightmare because next in line are not the step-daughters but next of kin…….you can never do enough disclaiming to get to a “step” family member.

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Philip N. Jones
Sent: Monday, June 20, 2022 1:52 PM
To: Jennifer Johnson <jen at haniganlaw.net<mailto:jen at haniganlaw.net>>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Assignment of beneficiary's interest in estate

I agree with you about the disclaimer and the gifts(s).
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 – office
(503) 853-1482 – cell
(503) 226-3574 - fax

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 Jennifer Johnson
Sent: Monday, June 20, 2022 1:45 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Assignment of beneficiary's interest in estate

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<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.wahtitle.com%2F&data=05%7C01%7Cpjones%40duffykekel.com%7C9a948ac1082041a11e5108da52ff9eb9%7C2d66ed5354fa4c2f8c4dbff1aca5479d%7C0%7C0%7C637913555115531894%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000%7C%7C%7C&sdata=IiNrN%2FqxjP969mngNoL0iigsmYnhVWd3QfQ%2FAno1ZTA%3D&reserved=0>

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