[WSBAPT] Abatement Question

[Lewis, Amy C.]

Mark,

              Is there a Will or Trust that addresses the payment of estate tax?  If not, then look at RCW 83.110A.  If the retirement account is part of the gross estate, then it may depend on whether it is an IRA or a plan subject to ERISA.  If ERISA is applicable, there may be federal preemption issues.


Amy Lewis, Attorney
Pronouns she/her/hers
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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 Mark Vohr
Sent: Thursday, November 7, 2024 5:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Abatement Question

Have not run into this before, and after some research I'm not sure so I'm hoping someone out there knows.   Question - Can the court abate funds paid to a beneficiary of a retirement account to pay Washington State estate taxes?  I don't think so, because, as we know, retirement assets are, for the most part, exempt from collection from most creditors.  Can someone confirm whether I'm right?

Regards,

Mark

Ohana Fiduciary Corp.
A Washington Chartered Trust Company

Mark C. Vohr, J.D., CPGC, Principal
155 NE 100th St., Suite 209 Seattle, WA  98125
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com>      www.ohanafc.com<http://www.ohanafc.com/>



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