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When is a Nonprobate Asset Not a Nonprobate Asset? Part 3

By Washington State Estate Planning and Probate Lawyer Per E. Oscarsson | 10/31/2022
In Part 1 of this series of articles on nonprobate assets (See here), I discussed the general definition of nonprobate assets under Washington’s probate and trust law. In Part 2 of this series (See here), I discussed the definition of nonprobate assets in the context of the dissolution or invalidation of a marriage or state… Read More

When is a Nonprobate Asset Not a Nonprobate Asset? Part 2

Washington State Estate Planning and Probate Lawyer Per E. Oscarsson | 9/30/2022
As I described in a previous post, Washington probate and trust law generally defines a “nonprobate asset” as well as the types of assets that are not included within that definition (See here for previous post). However, the definition of “nonprobate asset” is not consistent for all purposes. RCW 11.07.010 provides, in part, that if… Read More

When is a Nonprobate Asset Not a Nonprobate Asset? Part 1

Washington State Estate Planning and Probate Lawyer Per E. Oscarsson | 9/26/2022
Under Washington probate and trust law, a nonprobate asset means “those rights and interests of a person having beneficial ownership of an asset that pass on the person’s death under a written instrument or arrangement other than the person’s will.” RCW 11.02.005(13). Examples of such assets provided by the statute include a right or interest… Read More

Estate Planning Involving Joint Tenancy with Right of Survivorship Property

Washington State Estate Planning and Probate Lawyer Per E. Oscarsson | 8/1/2022
One form of ownership of property in Washington is joint tenancy with right of survivorship. In this form of ownership, the joint tenants (the owners) own an undivided interest in the entire property, whether it is real estate or personal property. When one of the joint tenants dies, the typical result is that their interest… Read More