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Estate of Baird

Supreme Court of Washington

933 P.2d 1031 (1997)

Relevant factsFree

Before his mother Phyllis died intestate, James - facing a looming personal-injury judgment after assaulting his wife Susan (defendant) - executed a document purporting to disclaim any future interest in Phyllis's estate; Susan later won a $2.75 million judgment against him, and James filed for bankruptcy with that judgment comprising nearly all creditor claims. After Phyllis's death, James's children from a prior marriage, Jayme and Hunter (plaintiffs), petitioned the probate court to recognize James's disclaimer as valid (which, if effective, would redirect his share to them rather than into the bankruptcy estate reachable by Susan); Susan objected, and the probate court found the disclaimer invalid.

IssueFree

Whether a beneficiary may disclaim an expectancy interest in a decedent's estate before the decedent's death.

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