[WSBAPT] Does Anyone Have a template for a Partial Disclaimer of Interest by estate beneficiary?

[Diane J. Kiepe]

Good points - I have had people call me to assist in a disclaimer to get property to "x"  (say a sibling) but when we reviewed the document, sure enough there was a per stirpes clause.  At that point, a simple single disclaimer is not appropriate.  I had one case where multiple disclaimers got the property to where all  parties intended and others where TEDRA was suggested or simply receipt followed by gift to X is an option.

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 Philip N. Jones
Sent: Monday, April 3, 2023 12:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Does Anyone Have a template for a Partial Disclaimer of Interest by estate beneficiary?

Yes, but keep in mind that such a statement has no legal effect, even if included in the disclaimer.  A disclaimant is not permitted to direct where the assets go.  The governing document will control that, or perhaps intestacy.  It's fine to include a statement of what is intended, but don't think it will actually impact the result.
Since a disclaimer is irrevocable, I like to map out in my notes where the assets will go.  And then I ask another attorney to double-check my thinking by reviewing my disclaimer and the governing document, with having access to my notes.
A disclaimer is forever.
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 Roger Hawkes
Sent: Monday, April 3, 2023 12:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Does Anyone Have a template for a Partial Disclaimer of Interest by estate beneficiary?

Be certain to advise who gets what if any disclaimed; it's not always obvious.

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 msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
Sent: Sunday, April 2, 2023 11:57 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Does Anyone Have a template for a Partial Disclaimer of Interest by estate beneficiary?

Hello Fellow Practitioners:

I have a case where one of the estate beneficiaries expressed an interest in partially disclaiming some of the estate assets.  Does anyone have a template for a partial disclaimer of interest by an estate beneficiary?

If so, I would be very grateful if you would be able to share the template with me.

Many thanks in advance!!!

Kind regards,

Michael S. Safren, Esq.
Attorney at Law

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
P: (206) 859-5098 | E: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
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