[WSBARP] Effect of Disclaimer

[J Richard McEntee, Jr.]

Hello list mates —

I have a client who would like to disclaim an interest in real estate that he is to receive under his father’s will. His mother is alive and still owns a community interest in the real property. The client would like to disclaim such that his mother receives the deceased father’s community share of the property.  The mother is entitled to the residuary estate. 

In the particular situation, I am not certain that with a disclaimer the property will become part of the residuary estate. If the the effect of the disclaimer is that the disclaimant is treated as predeceasing the testator, will the property pass to the heirs of the disclaimant as opposed to the residuary estate? The dispositive language of the will reads as follows:

Bequest of Condominium. My entire interest, if any, in the condominium located at abc street any town USA (the “Condominium") subject to any encumbrances thereon, all appliances, furniture, fixtures, … located therein not otherwise disposed of by this instrument, and interest in insurance policies covering any of the foregoing, shall be distributed outright to my son, John Doe.

Without a survivorship clause, will the disclaimant's heirs take the condo under this scenario? If so, is there a solution that gets the property to Mom? If not, the client will be fine co-owing with Mom. However, he believes that mom should own the entire property and then if she chooses to give to him later then that will be satisfactory.

Please let me know your thoughts.

Thank you 

Rich


RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com       

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