[WSBAPT] disclaimer issue

[Shannon Jones]

Listmates, Spouse died and community estate is around $3.6M. Spouse had a credit trust Will, however, all community assets were held joint with right of survivorship. There are no assets passing under the Will to fund the credit shelter. Surviving spouse is still eligible and there are sufficient assets to disclaim. But the Will says if spouse does not survive, the specific bequest to the credit trust lapses and the assets pass outright to the adult children: "If my spouse does not survive me, the bequests provided for in this Article shall lapse and be disposed of according to Article..." Does this provision prevent use of the disclaimer to fund the credit shelter?

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Shannon R. Jones | Attorney
Campbell Barnett PLLC
Direct:  253.848.3515
Office: 253.848.3513| Fax: 253.845.4941
317 South Meridian
Puyallup, WA 98371
shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
campbellbarnettlaw.com<https://campbellbarnettlaw.com/>

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