[WSBAPT] Question - Assignment of Interest Inquiry

[Joshua McKarcher]

>From where I sit, unless New York law requires something more than the NY PR to determine who succeeds to the interest of the deceased beneficiary, the NY personal representative can distribute the whole thing to whoever the sister tells her to as long as the now sole beneficiary’s instructions are in writing and she files a gift return as to the entire interest (because all she’s doing is gifting the entire house to the friend who happens to be the PR).

I don’t know that Washington has anything to do with it once WA law has finally determined the sole heir is sister and “told” the NY PR that fact.

I expect NY law then to instruct the NY PR if she must “do” anything formal to notify someone (who? The court? The state?) of the “substitute” beneficiary? I don’t expect it does. Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
www.mckarcherlaw.com<http://www.mckarcherlaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Kjersti Stroup <kjersti at strouplegal.com>
Sent: Wednesday, October 8, 2025 2:28:37 PM
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Subject: [WSBAPT] Question - Assignment of Interest Inquiry

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Here is the scenario: Father died in NY, leaving assets equally to his son and daughter. Son then dies intestate in WA, and his heir is his sister. The father owned a house in NY that will go 50% to the daughter and 50% to the son's estate. However, the daughter is assigning her half of the house to a family friend and wants to assign the half she would inherit from the son's estate to this family friend (she is taking liquid assets but appears to not want the house).

Questions: (1) How would you suggest handling that? Can I do an assignment of interest for the son's half of the house to the daughter?, (2) If so, does that pass legal muster in WA and does someone have a sample that they are willing to share?, and (3) Does your answer change if the family friend is the Personal Representative for both the father's estate (in NY) and the son's estate (with me in WA)?

Thank you for any advice you can provide!

Sincerely,

Kjersti Stroup
Kjersti T. Stroup Attorney at Law PLLC
4711 44th Avenue SW, Unit D-5, Seattle, WA 98116
kjersti at strouplegal.com<mailto:kjersti at strouplegal.com> | 206-932-1893
www.strouplegal.com<http://www.strouplegal.com/>

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