[WSBAPT] Disclaimers after 9 Months?

[Anna Cashman]

Dead as a doornail.  Disclaimer must be made within nine months of death.

https://app.leg.wa.gov/RCW/default.aspx?cite=11.86.031


Anna M. Cashman
[cid:image001.jpg at 01DB798B.751A3B30]
Tel (206) 382-4414 ext. 234 / Fax (206) 382-4412 / acashman at khbblaw.com<mailto:acashman at khbblaw.com>
705 Second Avenue / Suite 800 / Seattle, WA 98104 / www.khbblaw.com<http://www.khbblaw.com/>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah McCarthy
Sent: Friday, February 7, 2025 4:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Disclaimers after 9 Months?

Please reply to the list!


Sarah O’Farrell McCarthy

(Pronouns: she / her)
Attorney, Partner | Kelly, Arndt & Walker, Attorneys at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com<mailto:sarah at kawlawyers.com> | www.kawlawyers.com<http://www.kawlawyers.com>

IMPORTANT NOTICE FOR DELIVERIES TO THIS OFFICE:

For delivery by USPS, please send to PO Box 290, Clinton, WA 98236.

For delivery by UPS or FedEX, please send to 6443 Harding Ave, Clinton WA 98236.

This electronic message transmission contains information from the law firm of Kelly, Arndt & Walker, PLLP which may be confidential or privileged.  This information is intended to be for the use of the individual or entity named above,  If you are not the intended recipient, be aware that any further review, disclosure, printing, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this electronic message transmission in error, please notify us immediately by reply e-mail and delete the original message.  Thank you.

We do not accept service of any kind by e-mail unless expressly authorized in writing by the attorney of record.  This e-mail is NOT a contract and is not binding upon the author pursuant to CR 2A. This e-mail is, at most, a negotiation under ER 408.


On Fri, Feb 7, 2025 at 4:19 PM Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:
Client’s deceased spouse had a disclaimer trust in Will.  Surviving spouse DID NOT disclaimer for at least two years.  Now, client’s CPA says there is no work-around on the federal level to make a valid disclaimer but asks if there is a work-around at the state level.  I’m not aware of any (and way outta my wheelhouse) but I said I’d ask this group of esteemed attorneys.  Is there a work-around for a late disclaimer or is the client dead in the water?


[cid:image002.jpg at 01DB798B.751A3B30]



***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250208/32f87786/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2494 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250208/32f87786/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 14264 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250208/32f87786/image002.jpg>