[WSBAPT] LOPA with disclaimer of interest?

[Diane J. Kiepe]

Kendel,

You cannot get to your end result by disclaimer.  Disclaimer is a technical legal term – once someone disclaims, that property goes in a very specific direction as provided by for in law (not as one just directs).

Your primary issue here is the fact that wife’s home is likely going to be viewed as her separate property that transfers to her adult children and husband under the laws of intestacy (subject to any possible martial claim that can be supported).  I am involved in something similar now.  The bank account is probably more easily classified as community if both persons  used the account.

If all the parties are on board, you could get everything passed to the husband via TEDRA.

Feel free to ring me if you have any follow up questions.
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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kendel Froese
Sent: Friday, October 7, 2022 2:00 PM
To: WSBAPT at lists.wsbarppt.com
Subject: [WSBAPT] LOPA with disclaimer of interest?

Hi all:

I am hoping for some insight before everyone heads out for the weekend...

My client's wife had adult children from a prior relationship and died intestate. She purchased a house before marrying my client, which is where she and my client lived during the marriage. The wife also had a bank account that only had her name on it.

I had been planning on using a Lack of Probate Affidavit to deal with the house, and a Small Estate Affidavit for the bank account - but this was before I knew my client's wife had kids that were not also my client's kids.

I'm wondering if I can use the same plan (LOPA for house and Small Estate Affidavit for bank account) and have the wife's children sign a disclaimer of their interest in 1/2 of their mom's separate property?  Has anyone ever attached a disclaimer to a LOPA? I'm also not clear on how to determine whether the house is still the wife's separate property by virtue of her buying it before marrying my client?

Thank you in advance for your thoughts!

Kendel

--

Kendel Froese

Attorney, Thrive Law PLLC<https://www.thrivelawpllc.com/>

203 N. Washington | Suite 200 | Spokane, WA | 99201

509.514.5317 (Call & Text) | kendel at thrivelawpllc.com<mailto:kendel at thrivelawpllc.com>

Instantly schedule an appointment with me here<https://calendly.com/thrivelaw>!

[Image removed by sender.]
[Image removed by sender.]

Please Note!
The information contained in this email and any attachments are meant only for the use of the intended recipient and may be confidential and/or privileged. If you are reading this communication and are not the intended recipient, any unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you received this communication by mistake, please immediately notify the sender by return email, and delete the original message and all copies from your system. Thank you for your cooperation!
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221007/fa783068/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: ~WRD0000.jpg
Type: image/jpeg
Size: 823 bytes
Desc: ~WRD0000.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221007/fa783068/WRD0000.jpg>