[WSBAPT] Disclaimer

[Lewis, Amy C.]

Jordan,

              You are correct about the effect of a disclaimer.  Often that does not result in the disclaimed asset going where they want it to.  In that case it might make sense for the beneficiary to receive the asset and then give it to the desired recipient(s) if that does not create a gift/estate tax issue for the beneficiary.  The beneficiary will likely be required to file a gift tax return to report the gift, although it is unlikely that any gift tax would be owed.


Amy Lewis, Attorney
Pronouns she/her/hers
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909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jordan Kostelyk
Sent: Tuesday, September 9, 2025 3:03 PM
To: WSBAPT at lists.wsbarppt.com
Subject: [WSBAPT] Disclaimer

Hello all,

I just wanted to check, is the effect of a disclaimer of inheritance under law as if the person disclaiming had predeceased the decedent? (Especially if a will is silent as to the effect of a disclaim)

What is the best route if a beneficiary under a will does not want their gift and wants it to go to another beneficiary (also the PR), must the bequest be distributed to that beneficiary and then given by that person to the other beneficiary/PR or is there an easier way?


Thank you,
Jordan



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