[WSBAPT] Non Pro-rata Disclaimer

[Mark Anderson]

One QCD should work.  You just have to be sensitive to how you are going to characterize the transfer for the purpose of exempting it from the imposition of excise tax.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Doris Eslinger
Sent: 06/05/2023 9:35 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; wsbarp-bounces at lists.wsbarppt.com
Subject: [WSBAPT] Non Pro-rata Disclaimer

I am doing a disclaimer where the surviving spouse will disclaim all of a community primary home worth 1.6 million, the rest of it will be from a partial share of a rental property. The total disclaimed value of the real estate interests will add up to 2.193 million.   Since both properties are community assets in both spouses' names, I believe the surviving spouse will also need to be named as the grantor in the deed.  My question is for each property, whether the PR and the Surviving Spouse can convey their respective interests in one deed, rather than two separate deeds?

For the primary home, my plan is to title the deed a Quit Claim Deed instead of a PR Deed and convey in this manner:

Grantors, John Doe, as the executor of the Estate of Jane Doe, and John Doe, an unmarried person, convey and quit claim to Grantee, the Disclaimer Trust....."

I wonder if the Recorder or the title company would require two separate deeds for one piece of property.  Thank you!

P.S.  My apologies for sending this to both listservs. I do so since this question touches on a probate issue and a real estate conveyance issue. Thanks.


Regards,

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC
2200 112th Ave NE | Suite 200 | Bellevue, WA 98004 | Phone: (425) 451-3237 |

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