[WSBAPT] Intestate Estate Question

[Eric Nelsen]

I don't think disclaimer works if children have their own children or spouse-disclaimer operates as if disclaimant had predeceased, so unless the child has no spouse or issue, the parent would not be next in line to inherit.

I also don't think that TEDRA is really appropriate, just because it's a bit weird to try to change the laws of intestacy by agreement. The TEDRA would functionally have to agree to basically what the two deeds would accomplish-and then a deed would still be necessary.

I agree, two deeds is probably best. It is probably the cleanest way to keep chain of title clear.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of jbdolan at jbdolan.com
Sent: Thursday, September 19, 2024 12:16 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Intestate Estate Question

Colleagues:

Mom and Dad are parents of two children.  Mom inherits a parcel of RP, and dies very soon after.  Without a Will.

Per intestacy, Dad gets ½ and two children get ¼ each.  Both children want Dad to receive the entire parcel.

This may be a silly question - but I am trying to figure out the best way to accomplish getting the entire RP to Dad.  It seems to me the cleanest route would be a two step process: Administrator's Deed to Dad and two children, then two children QCD their interest to Dad.  Gift tax is not an issue.

Would others handle this differently?  Disclaimer?  TEDRA?

Thanks in advance for any pearls of wisdom.

Jim Dolan

=========================

Jones Butler Dolan, PS
P.O. Box 458
10027 SR 532
Stanwood, WA 98292
(tel) 360-336-2939
(fax) 360-336-2949

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240919/e54344a1/attachment.html>