[WSBARP] Effect of Disclaimer

[Kate Gamble]

Unless the Will specifically provides for a predeceased beneficiary¹s gift
to go to the residue, I would think the anti-lapse statute would apply:

RCW 11.12.110:
Unless otherwise provided, when any property shall be given under a will, or
under a trust of which the decedent is a grantor and which by its terms
becomes irrevocable upon or before the grantor's death, to any issue of a
grandparent of the decedent and that issue dies before the decedent, or dies
before that issue's interest is no longer subject to a contingency, leaving
descendants who survive the decedent, those descendants shall take that
property as the predeceased issue would have done if the predeceased issue
had survived the decedent. If those descendants are all in the same degree
of kinship to the predeceased issue they shall take equally or, if of
unequal degree, then those of more remote degree shall take by
representation with respect to the predeceased issue.

In that case, the disclaimed gift would go to the son¹s issue.

Kate Gamble

Attorney at Law

Uptown Law PLLC

PO Box 835

Port Townsend, WA 98368

(360) 379-1818





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> 


From:  <wsbarp-bounces at lists.wsbarppt.com> on behalf of "J Richard McEntee,
Jr." <jrmcentee at gmail.com>
Reply-To:  RPPT Listserve <wsbarp at lists.wsbarppt.com>
Date:  Friday, July 6, 2018 at 2:49 PM
To:  RPPT Listserve <wsbarp at lists.wsbarppt.com>
Subject:  [WSBARP] Effect of Disclaimer

Hello list mates ‹

I have a client who would like to disclaim an interest in real estate that
he is to receive under his father¹s 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 father¹s 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 ³Condominium") subject to any encumbrances
> thereon, all appliances, furniture, fixtures, Š 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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