[WSBAPT] Disclaimer of Interest by DPOA

Thu Aug 31 14:02:29 PDT 2023

Ken Luce
253 381 3746 (C)
253 922 8724 (0)
FIFE

Been around a  long time

Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android<https://aka.ms/AAb9ysg>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Lewis, Amy C. <ALewis at Eisenhowerlaw.com>
Sent: Thursday, August 31, 2023 12:31:05 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Disclaimer of Interest by DPOA

[EXTERNAL MAIL] DO NOT CLICK links or open attachments unless you recognize the sender and know the content is safe.

Sean Bleck/STIB Law

Josh Brothers/Brothers & Henderson

Amy Lewis, Attorney
Pronouns she/her/hers
[cid:Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png]

909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Thursday, August 31, 2023 12:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Disclaimer of Interest by DPOA

Thanks to colleagues who have responded to point out that a disclaimer may disqualify the applicant from Medicaid.  I think the prudent approach would be to point the family to an attorney or financial planner who is familiar with the ins and outs of Medicaid.  Anyone know who I might direct them to?

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]

Inge A. Fordham | Attorney

Fordham Law, PLLC

3218 Sixth Avenue | Tacoma, WA 98406

Office: (253) 348-2657 | Mobile: (206) 778-3131

www.fordhamlegal.com<http://www.fordhamlegal.com>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.

From: Inge Fordham <inge at fordhamlegal.com<mailto:inge at fordhamlegal.com>>
Date: Thursday, August 31, 2023 at 11:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Disclaimer of Interest by DPOA

Colleagues,

A PC contacted me about her grandmother’s estate, which she believed was comprised primarily of real property in Pierce County.  Upon reviewing the Auditor’s records, I discovered a TODD that transfers the property to PC’s mom upon grandma’s death.  PC’s mom has advanced Alzheimer’s.  The family is concerned that if mom accepts title to the property, it will negatively affect her ability to qualify for Medicaid assistance.  I understand that mom can disclaim her interest in grandma’s estate.  If mom disclaims, grandma’s will instructs that her estate be split between PC and her brother.  Mom does not have a legal guardian appointed.  She signed a durable power of attorney (prior to diagnosis, while she still had capacity) appointing her husband, PC, and PC’s brothers as attorneys-in-fact.  Each attorney-in-fact has authority to act independently of the other two.  Assuming the DPOA specifically authorizes an attorney-in-fact to disclaim the principal’s interest in an estate (which I still need to confirm), would you have any concern over having mom’s husband execute the disclaimer as mom’s attorney-in-fact, so grandma’s estate would transfer to PC and her brother?  Mom’s husband doesn’t benefit from the disclaimer so it wouldn’t be a self-interested transaction.

Best regards,

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]

Inge A. Fordham | Attorney

Fordham Law, PLLC

3218 Sixth Avenue | Tacoma, WA 98406

Office: (253) 348-2657 | Mobile: (206) 778-3131

www.fordhamlegal.com<http://www.fordhamlegal.com>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.

 IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission. Rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230831/5b93c73f/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 358107 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230831/5b93c73f/image001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png
Type: image/png
Size: 22687 bytes
Desc: Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230831/5b93c73f/Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98-0001.png>