[WSBAPT] Disclaimers after 9 Months?

[Sara Longley]

A disclaimer must generally be made within 9 months.  See RCW 11.86 et seq.:

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


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Sara D. Longley, Attorney
(Main) 360.378.4450 ext. 107
(Direct) 360.468.7230
Slongley at pnwtaxlaw.com<mailto:Slongley at pnwtaxlaw.com>
www.pnwtaxlaw.com<http://www.pnwtaxlaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto: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>

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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?


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