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The general rule is that the disposition of nonprobate assets is not governed by a will. The disposition is usually governed by the form of ownership, such as joint tenancy with right of survivorship, or a beneficiary designation in the document creating the asset, such as a transfer on death security account with a beneficiary… Read More

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

October 27th 2022, Per E. Oscarsson, Linda Naish and Mitch Brewe from RBC, talk about End of Year Estate Planning: Are You Ready? Read More

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

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

September 15th, 2022 Per Oscarsson and Caleb Tingstad present: Limiting Gift Tax--Gifting Fractional LLC Interests. Read More

September 1st, 2022 attorneys Per Oscarsson and Linda Naish discuss committed intimate relationships. Read More

Aug 4, 2022 Per Oscarsson and Linda Naish talk about Probate and Non-Probate Assets: What's the Difference? Read More

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