[WSBAPT] Disclaimer where there is unfunded Trust

[Philip N. Jones]

One disclaimer document can:

  1.  Disclaim from the wife to the estate, and
  2.  Disclaim from the estate to the revocable trust (although in your case the assets will already go there, so this second disclaimer is not necessary and should not be included), and
  3.  Disclaim from the revocable trust to the bypass trust.
The one disclaimer document needs to specifically state what is being done and is not being done, but it can all be done in one disclaimer document.
I express no opinion on whether surviving spouse is disclaiming a half or a whole.  Or whether more than one deed is needed.  Keep in mind that surviving spouse cannot disclaim what she owned before decedent died.  Disclaiming spouse can disclaim only what she inherited from decedent.
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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jenny Ling
Sent: Sunday, November 5, 2023 9:18 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Disclaimer where there is unfunded Trust


Dear All



I recently had a Surviving spouse reach out to me for an estate administration where there is only a pour over will to Trustee of revocable Trust and revocable trust. There is no community property agreement and there are no assets funded into the trust. Spouse is PR and Trustee of the trust.



 Surviving spouse is the initial beneficiary in trust. The trust has provisions for the surviving spouse to disclaim to a bypass trust.



For the spouse’s disclaimer of real property, is the proper procedure for the PR to transfer the RP to the trust first, and then have spouse sign and deliver disclaimer to Trustee since the pour over is to the Trustee of the Trust, OR can the spouse sign and deliver disclaimer to PR, and then have PR transfer real property to Bypass trust.



I’m hoping to avoid the client having to pay for multiple deed recordings if it can be prevented.



Thank you!!

 Jenny Ling
The Law Offices of Jenny Ling, PLLC
14900 Interurban Ave S, Ste 280
Seattle, WA 98168
206-859-5098
www.jennylinglaw.com<http://www.jennylinglaw.com>








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