In re the Estate of Baird
Washington Supreme Court
1Opinion of the CourtJohnson, J.
The question presented is whether an anticipatory disclaimer of an expectancy interest in an intestate estate is valid and effective under RCW 11.86. We hold the plain language of the statute does not authorize an anticipatory disclaimer of an expectancy interest created by intestacy, and affirm the order of the probate court declaring this disclaimer invalid.
FACTS
Phyllis Baird died intestate on December 29, 1994. She was survived by two children, James Thomas Baird and *516Julie A. Breckenridge. James Baird has two children, Jayme Baird and Hunter Baird, from his first marriage to Cheryl Kern.
Dur…
2Cases cited12 opinions
- Rettkowski v. Department of EcologyWashington Supreme Court · 1996
- Johnston v. JonesSupreme Court of the United States · 1862
- In Re Darrell Ray Atchison and Anola Marie Atchison, Debtors. Charles E. Jones, Trustee v. Anola Marie AtchisonCourt of Appeals for the Seventh Circuit · 1991
- United States Fidelity & Guaranty Co. v. WooldridgeSupreme Court of the United States · 1925
- State v. BairdCourt of Appeals of Washington · 1996
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- In Re Estate of BlackWashington Supreme Court · 2004
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