[WSBAPT] HELP - DISCLAIMER

Fri Jan 5 17:50:05 PST 2024

I have used gifting by the surviving spouse instead of funding a disclaimer trust a number of times. It is easier for clients to understand, has more flexibility in the assets transferred, and has less administration. If you have a surviving spouse, move quickly in case the surviving spouse dies.

Derek W. Jensen, JD, LLM
Founding Partner

[cid:9c22aa6a-b20c-48b4-ab5f-25755efa434f]<https://jensenestatelaw.com/>

Jensen Estate Law
1833 N 105th St, Suite 301
Seattle, WA 98133
Tel: 206-547-1412

Located at Thinkspace Redmond
8201 164th Ave NE, Second Floor
Redmond, WA 98052

Find us on the web at: www.jensenestatelaw.com<http://www.jensenestatelaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Lewis, Amy C. <ALewis at Eisenhowerlaw.com>
Sent: Friday, January 5, 2024 5:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] HELP - DISCLAIMER

Diane,

              You are not alone.  I had this happen recently.  In our matter, the disclaimer would have been made by a surviving spouse in order to fund a credit shelter trust.  We had the surviving spouse make gifts instead.  Not ideal because now those assets are not available to the surviving spouse, but all parties agreed that she is unlikely to need them.  In our case we were only concerned about Washington estate tax, so this was a reasonably good solution.  We waived our fees, and the client took it fairly well.

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 Diane J. Kiepe
Sent: Tuesday, January 2, 2024 5:40 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] HELP - DISCLAIMER

Hello All,

I could tell a long story but ultimately the bottom line is that I missed a disclaimer period for WA State – has this every happened and what have you done about it?  Am I the only fool out here….

Diane J. Kiepe

Douglas Eden, P.S.

717 W. Sprague Ave., Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>

509-455-5300

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