[WSBAPT] WSBAPT Digest, Vol 130, Issue 1
Corrie Bosman
cbosman at sitkalegal.com
Wed Jul 2 14:44:16 PDT 2025
Thanks for the suggestion Bryce. My concern in this situation is the contingent beneficiary on the account is only one of the six people the gifts are intended for. I imagine if my client disclaims a portion that CS would automatically give the funds to that one individual which still doesn't really accomplish our goals. Trying to figure out if there's a way around that.
Thanks!
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Sent: Wednesday, July 2, 2025 12:00:01 PM
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Subject: WSBAPT Digest, Vol 130, Issue 1
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Today's Topics:
1. Disclaiming CS Accounts? (Corrie Bosman)
2. Re: Disclaiming CS Accounts? (Bryce Dille)
3. Estate opened, settlement in wrongful death reached, minor
sibling turned 18 and need to discharge GAL (Dalynne Singleton)
4. Searching for Last Will & Testament of Susan C. Schrader
(Inge Fordham)
5. Referral Help (Thomas Fiscus)
6. Legal Description of Property (Jordan Kostelyk)
7. Re: Legal Description of Property (Mark Anderson)
8. Re: Legal Description of Property (Ann Manley)
9. Re: Legal Description of Property (Eric Nelsen)
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Message: 1
Date: Tue, 1 Jul 2025 19:48:39 +0000
From: Corrie Bosman <cbosman at sitkalegal.com>
To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Disclaiming CS Accounts?
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I am working with a client who lost her partner of 40 years (they were never married). His Will, in which client is named as executor, makes $1 million in specific gifts (to 6 individuals) HOWEVER he has no probate assets in that everything he owned was jointly titled or transferred via beneficiary designation to my client. His estate is about $5.5 million of which $800K (50%) is the value of the home which transferred via JTWRS and that my client wishes to keep, and the remainder is in Charles Schwab accounts ($700K in an IRA and the remaining in brokerage accounts.) My client wants to honor the decedent's wishes as to the gifts, but I am unsure how to do this without tax implications for my client as I believe we would need to transfer the CS funds to her and have her make the gifts and deal with filing gift tax returns. Is there a way for her to disclaim $1 million from the CS accounts to make the gifts? Has anyone done something like this with CS or a similar institution that may
be willing to chat with me or have other suggestions on how to best approach this?
Thanks!
Law Office of Corrie J. Bosman, PLLC
Serving clientele in Alaska and Washington
P.O. Box 1745
Port Townsend, WA 98368
AK Phone: (907) 747-1060
WA Phone: (360) 316-1669
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Message: 2
Date: Tue, 1 Jul 2025 20:19:46 +0000
From: Bryce Dille <Bryce at dillelaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Disclaiming CS Accounts?
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I would disclaim the one million on behalf of the client in which case it would go to the deceased joint tenants estate and then would be distributed according to that person's will.
Bryce H. Dille
Dille Law, PLLC
1800 Cooper Point Road SW Bldg 11
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561
** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
[R_Alan_Swanson-WH-200]
This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s). If this matter is transmitted to you in error, please notify the sender immediately.
Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Corrie Bosman
Sent: Tuesday, July 1, 2025 12:49 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Disclaiming CS Accounts?
I am working with a client who lost her partner of 40 years (they were never married). His Will, in which client is named as executor, makes $1 million in specific gifts (to 6 individuals) HOWEVER he has no probate assets in that everything he owned was jointly titled or transferred via beneficiary designation to my client. His estate is about $5.5 million of which $800K (50%) is the value of the home which transferred via JTWRS and that my client wishes to keep, and the remainder is in Charles Schwab accounts ($700K in an IRA and the remaining in brokerage accounts.) My client wants to honor the decedent's wishes as to the gifts, but I am unsure how to do this without tax implications for my client as I believe we would need to transfer the CS funds to her and have her make the gifts and deal with filing gift tax returns. Is there a way for her to disclaim $1 million from the CS accounts to make the gifts? Has anyone done something like this with CS or a similar institution that may
be willing to chat with me or have other suggestions on how to best approach this?
Thanks!
Law Office of Corrie J. Bosman, PLLC
Serving clientele in Alaska and Washington
P.O. Box 1745
Port Townsend, WA 98368
AK Phone: (907) 747-1060
WA Phone: (360) 316-1669
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Message: 3
Date: Tue, 1 Jul 2025 20:51:41 +0000
From: Dalynne Singleton <dalynne at glgmail.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Estate opened, settlement in wrongful death reached,
minor sibling turned 18 and need to discharge GAL
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I have a case in which I opened probate for wrongful death claims to be made. The case has settled and a SGAL was appointed but now the minor has turned 18 before any report or hearing was set for the distributions.
Does someone have a sample stipulation/order to discharge the GAL now that the minor turned 18 so that I can close the probate and make final distributions?
Dalynne Singleton
Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092 fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com> Website: www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled virtually whenever possible. If you would like to set a consultation, please call/email one my paralegals Valerie valerie at glgmail.com<mailto:valerie at glgmail.com>, Kelly kelly at glgmail.com<mailto:kelly at glgmail.com>, or Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>. My co-counsel is Attorney Spencer Clower with paralegal, Kristin Jacobs, for Estate litigation (spencer at glgmail.com<mailto:spencer at glgmail.com> kristin at glgmail.com<mailto:kristin at glgmail.com>) & Carrie Ulrich and Candace Wilkerson, co-counsel in probate (carrie at glgmail.com<mailto:carrie at glgmail.com> and candace at glgmail.com<mailto:candace at glgmail.com> ).
LICENSED IN WASHINGTON. IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
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Message: 4
Date: Tue, 1 Jul 2025 20:55:41 +0000
From: Inge Fordham <inge at fordhamlegal.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Searching for Last Will & Testament of Susan C.
Schrader
Message-ID:
<SJ2PR22MB51829C5A1B5366EEAF688E5AA841A at SJ2PR22MB5182.namprd22.prod.outlook.com>
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I am searching for the original Last Will and Testament of Susan C. Schrader. It is believed to have been drafted by Douglas Kaukl (now deceased) or Werner Boettcher (now retired) in or around September 2011. If you have any information regarding the Last Will and Testament of Susan C. Schrader or the location of Mr. Kaukl?s and Mr. Boettcher?s files, please let me know.
Thank you!
[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Fax: (253) 276-0280
www.fordhamlegal.com<http://www.fordhamlegal.com><http://www.fordhamlegal.com<http://www.fordhamlegal.com>>
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Message: 5
Date: Tue, 1 Jul 2025 23:00:02 +0000 (UTC)
From: Thomas Fiscus <tjf at thomasjfiscus.net>
To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Referral Help
Message-ID: <1187250353.1403781.1751410802059 at mail.yahoo.com>
Content-Type: text/plain; charset="utf-8"
Hi Listmates:??
I have a PC who needs at attorney with experience in elder abuse situations.? Skagit and Whatcom counties preferred, but not critical.? PC's mother was apparently preyed upon by a caregiver, who appears to have made a career of such things.? Referrals, including self-referrals welcome.
ThanksTom Fiscus
Law Office of Thomas J. Fiscus
Box 1167Eastsound, WA 98245Ph 360-298-0534
WSBA # 44741
The contents of thise-mail and its attachments are intended solely for the addressee(s).? Inaddition, this e-mail transmission may be confidential and may be subject toprivilege protecting communications between attorneys and clients.? If youare not the named addressee, or if this message has been addressed to you inerror, you are directed not to read, disclose, reproduce, distribute,disseminate or otherwise use this transmission.? Delivery of this messageto any person other than the intended recipient(s) is not intended in any wayto waive privilege or confidentiality.? If you have received thistransmission in error, please alert the sender by reply e-mail.? TreasuryCircular 230 requires that we inform you that any statements regarding tax mattersmade herein, including attachments, cannot be relied upon for the purpose ofavoiding tax penalties, and such statements are not intended to be used orreferred to in any marketing or promotional materials
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Message: 6
Date: Wed, 2 Jul 2025 08:36:17 -0700 (PDT)
From: Jordan Kostelyk <jordan at everlastinglegalsolutions.com>
To: "WSBAPT at lists.wsbarppt.com" <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Legal Description of Property
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Hello all,
I am wondering where do you get the legal description of property for your PR Deeds? Is it acceptable to use the description from a prior deed for the same property?
Jordan
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Message: 7
Date: Wed, 2 Jul 2025 17:08:23 +0000
From: Mark Anderson <marka at mbaesq.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Legal Description of Property
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<DM4PR12MB613385A0BD0B6427F48B75F2C840A at DM4PR12MB6133.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
Jordan ? I recommend that you use the same legal description that was on the deed under which the Decedent took title. After all, the PR can only convey what the Decedent owned.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jordan Kostelyk
Sent: Wednesday, July 2, 2025 8:36 AM
To: WSBAPT at lists.wsbarppt.com
Subject: [WSBAPT] Legal Description of Property
Hello all,
I am wondering where do you get the legal description of property for your PR Deeds? Is it acceptable to use the description from a prior deed for the same property?
Jordan
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Message: 8
Date: Wed, 2 Jul 2025 10:13:20 -0700
From: Ann Manley <ann at manleyfirm.com>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Legal Description of Property
Message-ID:
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Is it advisable to contact a title insurance company before executing a PR
deed? And does it matter if the transfer is intra-family vs. to a third
party purchaser?
Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com<http://www.manleyfirm.com>
*The Manley Law Firm practice areas include Bankruptcy*, Estate Planning,
Auto Accidents, Civil Litigation, Construction, Commercial and Contract
Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and
Compensation claims*
** The Manley Law Firm is a Debt Relief Agency. We help people file for
bankruptcy relief under the Bankruptcy Code.*
*This email and any files transmitted with it are privileged, confidential,
and intended solely to whom they are addressed. Any unauthorized use,
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communication in error, please immediately notify the sender.*
On Wed, Jul 2, 2025 at 10:08?AM Mark Anderson <marka at mbaesq.com> wrote:
> Jordan ? I recommend that you use the same legal description that was on
> the deed under which the Decedent took title. After all, the PR can only
> convey what the Decedent owned.
>
>
>
>
> *Mark B. Anderson *ANDERSON LAW FIRM PLLC
> 821 Dock Street, Suite 209, PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
> +1 253-327-1751 (fax)
> marka at mbaesq.com
> www.mbaesq.com<http://www.mbaesq.com>
>
>
> *CONFIDENTIALITY NOTICE *This transmission is confidential and is
> intended solely for the use of the individual named recipient. It may be
> protected by the attorney-client privilege, work product doctrine, or other
> confidentiality protection. If you are not the intended recipient, or the
> person responsible to deliver it to the intended recipient, be advised that
> any dissemination, distribution, or copying of this communication is
> prohibited. If you have received this transmission in error, please
> immediately notify the sender via e-mail or by telephone at (253) 327-1750
> that you have received the message in error, and then delete it. Thank you.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Jordan Kostelyk
> *Sent:* Wednesday, July 2, 2025 8:36 AM
> *To:* WSBAPT at lists.wsbarppt.com
> *Subject:* [WSBAPT] Legal Description of Property
>
>
>
> Hello all,
>
>
>
> I am wondering where do you get the legal description of property for your
> PR Deeds? Is it acceptable to use the description from a prior deed for the
> same property?
>
>
>
> Jordan
>
>
>
>
>
>
> ***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.***
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Message: 9
Date: Wed, 2 Jul 2025 17:27:53 +0000
From: Eric Nelsen <eric at sayrelawoffices.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Legal Description of Property
Message-ID:
<SA1PR05MB7888707727A2A45D2E6D3E23DD40A at SA1PR05MB7888.namprd05.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
Depending on the county and how old the last deed of record is, you might need to contact the customer service department of a title company in order to get the last deed. But for many counties you can find them by checking the assessor?s tax parcel records, which often includes a link to deeds from prior transfers of the parcel.
Keep in mind that legal descriptions can change though, via boundary line adjustments, adverse possession litigation, subdivision of a larger parcel, condemnation of a new public right-of-way, etc. The older a last deed is, the more important it is to check with the client and ask them whether there has been any alteration to the property lines since the decedent received it.
If the Estate is selling the property, there will always be a title company involved so you?re safe using the legal description that the title company provides?no need to search for a last deed.
If it?s a distribution to heirs, it?s a judgment call on whether to ask for a title company?s help, based on how confident everybody is that the legal description hasn?t changed since the last deed of record.
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 Ann Manley
Sent: Wednesday, July 2, 2025 10:13 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Legal Description of Property
Is it advisable to contact a title insurance company before executing a PR deed? And does it matter if the transfer is intra-family vs. to a third party purchaser?
Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com<http://www.manleyfirm.com>
The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims
* The Manley Law Firm is a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.
This email and any files transmitted with it are privileged, confidential, and intended solely to whom they are addressed. Any unauthorized use, copying, review or disclosure is prohibited. If you have received this communication in error, please immediately notify the sender.
On Wed, Jul 2, 2025 at 10:08?AM Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>> wrote:
Jordan ? I recommend that you use the same legal description that was on the deed under which the Decedent took title. After all, the PR can only convey what the Decedent owned.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jordan Kostelyk
Sent: Wednesday, July 2, 2025 8:36 AM
To: WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Legal Description of Property
Hello all,
I am wondering where do you get the legal description of property for your PR Deeds? Is it acceptable to use the description from a prior deed for the same property?
Jordan
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