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11.76.095 | Distribution of estates to minors. | When a decree of distribution is made by the court in administration upon a decedent's estate or when distribution is made by a personal representative under a nonintervention will and distribution is ordered under such decree or authorized under such nonintervention will to a person under the age of eighteen years, it... |
11.76.100 | Receipts for expenses from personal representative. | In rendering his or her accounts or reports the personal representative shall produce receipts or canceled checks for the expenses and charges which he or she shall have paid, which receipts shall be filed and remain in court until the probate has been completed and the personal representative has been discharged; howe... |
11.76.110 | Order of payment of debts. | Subject to federal preemption and the privileges and priorities allowed to encumbrances and liens under applicable law, the reasonable expenses of administration and the enforceable debts of the estate shall be paid in the following order: (1) Expenses of administration. (2) Funeral expenses in such amount as the court... |
11.76.120 | Limitation on preference to mortgage or judgment. | The preference given in RCW 11.76.110 to a mortgage, deed of trust, perfected security interest, judgment lien, or other lien shall only extend to the proceeds of the property subject to the lien.
[ 2024 c 20 s 13 ; 1965 c 145 s 11.76.120 . Prior: 1917 c 156 s 172 ; RRS s 1542; prior: 1897 c 22 s 1 ; Code 1881 s 1653; ... |
11.76.130 | Expense of monument. | Personal representatives of the estate of any deceased person are hereby authorized to expend a reasonable amount out of the estate of the decedent to erect a monument or tombstone suitable to mark the grave or crypt of the said decedent, and the expense thereof shall be paid as the funeral expenses are paid.
[ 1965 c ... |
11.76.150 | Payment of claims where estate insufficient. | If the estate shall be insufficient to pay the debts of any class, each creditor shall be paid in proportion to his or her claim, and no other creditor of any lower class shall receive any payment until all those of the preceding class shall have been fully paid.
[ 2010 c 8 s 2069 ; 1965 c 145 s 11.76.150 . Prior: 1917... |
11.76.160 | Liability of personal representative. | Whenever a decree shall have been made by the court for the payment of creditors, the personal representative shall be personally liable to each creditor for his or her claim or the dividend thereon, except when his or her inability to make the payment thereof from the property of the estate shall result without fault ... |
11.76.170 | Action on claim not acted on—Contribution. | If, after the accounts of the personal representative have been settled and the property distributed, it shall appear that there is a creditor or creditors whose claim or claims have been duly filed and not paid or disallowed, the said claim or claims shall not be a lien upon any of the property distributed, but the sa... |
11.76.180 | Order maturing claim not due. | If there be any claim not due the court may in its discretion, after hearing upon such notice as may be determined by it, mature such claim and direct that the same be paid in the due course of the administration.
[ 1965 c 145 s 11.76.180 . Prior: 1917 c 156 s 178 ; RRS s 1548; prior: Code 1881 s 1567; 1854 p 298 s 189... |
11.76.190 | Procedure on contingent and disputed claim. | If there be any contingent or disputed claim against the estate, the amount thereof, or such part thereof as the holder would be entitled to, if the claim were established or absolute, shall be paid into the court, where it shall remain to be paid over to the party when he or she shall become entitled thereto; or if he... |
11.76.200 | Agent for absentee distributee. | When any estate has been or is about to be distributed by decree of the court as provided in this chapter, to any person who has not been located, the court shall appoint an agent for the purpose of representing the interests of such person and of taking possession and charge of said estate for the benefit of such abse... |
11.76.210 | Agent's bond. | Such agent shall make, subscribe and file an oath for the faithful performance of his or her duties, and shall give a bond to the state, to be approved by the court, conditioned faithfully to manage and account for such estate, before he or she shall be authorized to receive any property of said estate.
[ 2010 c 8 s 20... |
11.76.220 | Sale of unclaimed estate—Remittance of proceeds to department of revenue. | If the estate remains in the hands of the agent unclaimed for three years, any property not in the form of cash shall be sold under order of the court, and all funds, after deducting a reasonable sum for expenses and services of the agent, to be fixed by the court, shall be paid into the county treasury. The county tre... |
11.76.230 | Liability of agent. | The agent shall be liable on his or her bond for the care and preservation of the estate while in his or her hands, and for the payment of the funds to the county treasury, and may be sued thereon by any person interested including the state.
[ 2010 c 8 s 2074 ; 1965 c 145 s 11.76.230 . Prior: 1955 ex.s. c 7 s 5 ; 1917... |
11.76.240 | Claimant to proceeds of sale. | During the time the estate is held by the agent, or within four years after it is delivered to the county treasury, claim may be made thereto only by the absentee person or his or her legal representative, excepting that if it clearly appears that such person died prior to the decedent in whose estate distribution was ... |
11.76.243 | Heirs may institute probate proceedings if no claimant appears. | If no person appears to claim the estate within four years after it is delivered to the county treasury, as provided by RCW 11.76.240 , any heirs of the absentee person may institute probate proceedings on the estate of such absentee within ninety days thereafter. The fact that no claim has been made to the estate by t... |
11.76.245 | Procedure when claim made after time limitation. | After any time limitation prescribed in RCW 11.76.220 , 11.76.240 or 11.76.243 , the absentee claimant may, at any time, if the assets of the estate have not been claimed under the provisions of RCW 11.76.240 and 11.76.243 , notify the department of revenue of his or her claim to the estate, and file in the court which... |
11.76.247 | When court retains jurisdiction after entry of decree of distribution. | After the entry of the decree of distribution in the probate proceedings the court shall retain jurisdiction for the purpose of carrying out the provisions of RCW 11.76.200 , 11.76.210 , 11.76.220 , 11.76.230 , 11.76.240 , 11.76.243 and 11.76.245 .
[ 1965 c 145 s 11.76.247 . Prior: 1955 ex.s. c 7 s 3 .] |
11.76.250 | Letters after final settlement. | A final settlement of the estate shall not prevent a subsequent issuance of letters of administration, should other property of the estate be discovered, or if it should become necessary and proper from any cause that letters should be again issued.
[ 1965 c 145 s 11.76.250 . Prior: 1917 c 156 s 180 ; RRS s 1550; prior... |
11.80.010 | Petition—Notice—Hearing—Appointment of trustee. | Whenever it shall be made to appear by petition to any judge of the superior court of any county that there is property in such county, either real or personal, that requires care and attention, or is in such a condition that it is a menace to the public health, safety or welfare, or that the custodian of such property... |
11.80.020 | Inventory and appraisement—Bond of trustee. | The trustee so appointed shall make, subscribe and file in the office of the clerk of the court an oath for the faithful performance of his or her duties, and shall, within such time as may be fixed by the judge, prepare and file an inventory of such property, and the judge shall thereupon appoint a disinterested and q... |
11.80.030 | Reports of trustee. | The trustee shall, at the expiration of one year from the date of his or her appointment and annually thereafter and at such times as the court may direct, make and file a report and account of his or her trusteeship, setting forth specifically the amounts received and expended and the conditions of the property.
[ 201... |
11.80.040 | Sale of property—Application of proceeds and income. | If necessary to pay debts against the absentee which have been duly approved and allowed in the same form and manner as provided for the approving and allowing of claims against the estate of a deceased person or for such other purpose as the court may deem proper for the preservation of the estate, the trustee may sel... |
11.80.050 | Allowance for support of dependents—Sale of property. | Whenever a petition is filed in said estate from which it appears to the satisfaction of the court that the owner of such property left a spouse or domestic partner, child or children, dependent upon such absentee for support or upon the property in the estate of such absentee, either in whole or in part, the court sha... |
11.80.055 | Continuation of absentee's business—Performance of absentee's contracts. | Upon a showing of advantage to the estate of the absentee, the court may authorize the trustee to continue any business of the absentee in accordance with the provisions of RCW 11.48.025 . The trustee may also obtain an order allowing the performance of the absentee's contracts in accordance with the provisions of chap... |
11.80.060 | Removal or resignation of trustee—Final account. | The court shall have the power to remove or to accept the resignation of such trustee and appoint another in his or her stead. At the termination of his or her trust, as hereinafter provided or in case of his or her resignation or removal, the trustee shall file a final account, which account shall be settled in the ma... |
11.80.070 | Period of trusteeship. | Such trusteeship shall continue until such time as the owner of such property shall return or shall appoint a duly authorized agent or attorney-in-fact to care for such property, or until such time as the property shall be provisionally distributed to the presumptive heirs, or to the devisees and legatees of the absent... |
11.80.080 | Provisional distribution—Notice of hearing—Will. | Whenever the owner of such property shall have been absent from the county for the space of five years and his or her whereabouts are unknown and cannot with reasonable diligence be ascertained, his or her presumptive heirs at law may apply to the court for an order of provisional distribution of such property, and to ... |
11.80.090 | Hearing—Distribution—Bond of distributees. | If it shall appear to the satisfaction of the court upon the hearing of the application for provisional distribution that the absentee has been absent and his or her whereabouts unknown for the space of five years, or there are strong presumptions that he or she is dead, the court shall enter an order directing that th... |
11.80.100 | Final distribution—Notice of hearing—Decree. | Whenever the owner of such property shall have been absent from the county for a space of seven years and his or her whereabouts are unknown and cannot with reasonable diligence be ascertained, his or her presumptive heirs at law or the legatees and devisees under the will, as the case may be, to whom the property has ... |
11.80.110 | Escheat for want of presumptive heirs. | Whenever the owner of such property for which a trustee has been appointed under the provisions of this chapter shall have been absent and unheard of for a period of seven years and no presumptive heirs at law have appeared and applied for the provisional distribution of such property and no will of the absentee has be... |
11.80.120 | Personnel missing in action, interned, or captured construed as "absentee." | Any person serving in or with the armed forces of the United States, in or with the Red Cross, or in or with the merchant marine or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for one year thereafter, who has been reported or listed as missin... |
11.80.130 | Summary procedure without full trustee proceeding—When permitted—Application for order—Form. | (1) If the spouse or domestic partner of any absentee owner, or his or her next of kin, if said absentee has no spouse or domestic partner, shall wish to sell or transfer any property of the absentee which has a gross value of less than five thousand dollars, or shall require the consent of the absentee in any matter r... |
11.84.010 | Definitions. | As used in this chapter: (1) "Abuser" means any person who participates, either as a principal or an accessory before the fact, in the willful and unlawful financial exploitation of a vulnerable adult. (2) "Decedent" means: (a) Any person whose life is taken by a slayer; or (b) Any deceased person who, at any time duri... |
11.84.020 | Slayer or abuser not to benefit from death. | No slayer or abuser shall in any way acquire any property or receive any benefit as the result of the death of the decedent, but such property shall pass as provided in the sections following.
[ 2009 c 525 s 2 ; 1965 c 145 s 11.84.020 . Prior: 1955 c 141 s 2 .] |
11.84.025 | Disposition of retirement system proceeds payable to slayer or abuser. | Proceeds payable to a slayer or abuser as the beneficiary of any benefits flowing from one of the retirement systems listed in RCW 41.50.030 , by virtue of the decedent's membership in the department of retirement systems or by virtue of the death of decedent, shall be paid instead as designated in RCW 41.04.273 .
[ 20... |
11.84.030 | Slayer or abuser deemed to predecease decedent. | The slayer or abuser shall be deemed to have predeceased the decedent as to property which would have passed from the decedent or his or her estate to the slayer or abuser under the statutes of descent and distribution or have been acquired by statutory right as surviving spouse or surviving domestic partner or under a... |
11.84.040 | Distribution of decedent's property. | Property which would have passed to or for the benefit of the slayer or abuser by devise or legacy from the decedent shall be distributed as if he or she had predeceased the decedent.
[ 2009 c 525 s 5 ; 1965 c 145 s 11.84.040 . Prior: 1955 c 141 s 4 .] |
11.84.050 | Distribution of property held jointly with slayer or abuser. | (1) One-half of any property held by the slayer or abuser and the decedent as joint tenants, joint owners or joint obligees shall pass upon the death of the decedent to his or her estate, and the other half shall pass to his or her estate upon the death of the slayer or abuser, unless the slayer or abuser obtains a sep... |
11.84.060 | Reversion and vested remainder. | Property in which the slayer holds a reversion or vested remainder and would have obtained the right of present possession upon the death of the decedent shall pass to the estate of the decedent during the period of the life expectancy of decedent; if he or she held the particular estate or if the particular estate is ... |
11.84.070 | Property subject to divestment, etc. | Any interest in property whether vested or not, held by the slayer or abuser, subject to be divested, diminished in any way or extinguished, if the decedent survives him or her or lives to a certain age, shall be held by the slayer or abuser during his or her lifetime or until the decedent would have reached such age, ... |
11.84.080 | Contingent remainders and future interests. | As to any contingent remainder or executory or other future interest held by the slayer or abuser, subject to become vested in him or her or increased in any way for him or her upon the condition of the death of the decedent: (1) If the interest would not have become vested or increased if he or she had predeceased the... |
11.84.090 | Property appointed—Powers of revocation or appointment. | (1) Property appointed by the will of the decedent to or for the benefit of the slayer or abuser shall be distributed as if the slayer or abuser had predeceased the decedent. (2) Property held either presently or in remainder by the slayer or abuser, subject to be divested by the exercise by the decedent of a power of ... |
11.84.100 | Insurance proceeds. | (1) Insurance proceeds payable to the slayer or abuser as the beneficiary or assignee of any policy or certificate of insurance on the life of the decedent, or as the survivor of a joint life policy, shall be paid instead to the estate of the decedent, unless the policy or certificate designate some person other than t... |
11.84.110 | Payment by insurance company, bank, etc.—No additional liability. | Any insurance company making payment according to the terms of its policy or any bank or other person performing an obligation for the slayer or abuser as one of several joint obligees shall not be subjected to additional liability by the terms of this chapter if such payment or performance is made without written noti... |
11.84.120 | Rights of persons without notice dealing with slayer or abuser. | The provisions of this chapter shall not affect the rights of any person who, before the interests of the slayer or abuser have been adjudicated, purchases or has agreed to purchase, from the slayer or abuser for value and without notice property which the slayer or abuser would have acquired except for the terms of th... |
11.84.130 | Record of conviction as evidence against claimant of property. | Any record of conviction for having participated in the willful and unlawful killing of the decedent or for conduct constituting financial exploitation against the decedent, including but not limited to theft, forgery, fraud, identity theft, robbery, burglary, or extortion, shall be admissible in evidence against a cla... |
11.84.140 | Slayer determination—Conviction—Preponderance of evidence. | (1) A final judgment of conviction for the willful and unlawful killing of the decedent is conclusive for purposes of determining whether a person is a slayer under this section. A finding of not guilty by reason of insanity for the willful and unlawful killing of the decedent carries the same meaning as a judgment of ... |
11.84.150 | Abuser determination—Conviction—Clear, cogent, and convincing evidence. | (1) A final judgment of conviction for conduct constituting financial exploitation against the decedent, including but not limited to theft, forgery, fraud, identity theft, robbery, burglary, or extortion, is conclusive for purposes of determining whether a person is an abuser under this section. (2) In the absence of ... |
11.84.160 | Abuser determination—Evidence factors. | (1) In determining whether a person is an abuser for purposes of this chapter, the court must find by clear, cogent, and convincing evidence that: (a) The decedent was a vulnerable adult at the time the alleged financial exploitation took place; and (b) The conduct constituting financial exploitation was willful action... |
11.84.170 | Abuser—When entitled to property interest. | Notwithstanding the provisions of this chapter: (1) An abuser is entitled to acquire or receive an interest in property or any other benefit described in this chapter if the court determines by clear, cogent, and convincing evidence that the decedent: (a) Knew of the financial exploitation; and (b) Subsequently ratifie... |
11.84.180 | Application—Relation to other laws. | The provisions of this act are supplemental to, and do not derogate from, any other statutory or common law proceedings, theories, or remedies including, but not limited to, the common law allocation of the burden of proof or production among the parties.
[ 2009 c 525 s 21 .] |
11.84.900 | Chapter to be construed broadly. | This chapter shall be construed broadly to effect the policy of this state that no person shall be allowed to profit by his or her own wrong, wherever committed.
[ 2010 c 8 s 2087 ; 1998 c 292 s 503 ; 1965 c 145 s 11.84.900 . Prior: 1955 c 141 s 14 .]
Application — Conflict with federal requirements — 1998 c 292: See n... |
11.86.011 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Beneficiary" means the person entitled, but for the person's disclaimer, to take an interest. (2) "Creator of the interest" means a person who establishes, declares, or otherwise creates an interest. (3)(a... |
11.86.021 | Disclaimer of interest authorized. | (1) A beneficiary may disclaim an interest in whole or in part, or with reference to specific parts, shares or assets, in the manner provided in RCW 11.86.031 . (2) Likewise, a beneficiary may so disclaim through an agent or attorney so authorized by written instrument. (3) A personal representative, guardian, attorney... |
11.86.031 | Contents of disclaimer—Time and filing requirements—Fee. | (1) The disclaimer must: (a) Be in writing; (b) Be signed by the disclaimant; (c) Identify the interest to be disclaimed; and (d) State the disclaimer and the extent thereof. (2) The disclaimer must be delivered or mailed as provided in subsection (3) of this section at any time after the creation of the interest, but ... |
11.86.041 | Disposition of disclaimed interest. | (1) Unless the instrument creating an interest directs to the contrary, the interest disclaimed shall pass as if the beneficiary had died immediately prior to the date of the transfer of the interest. The disclaimer shall relate back to this date for all purposes. (2) Unless the beneficiary provides otherwise in the di... |
11.86.051 | When disclaimer barred—Exception. | (1) A beneficiary may not disclaim an interest if: (a) The beneficiary has accepted the interest or a benefit thereunder; (b) The beneficiary has assigned, conveyed, encumbered, pledged, or otherwise transferred the interest, or has contracted therefor; (c) The interest has been sold or otherwise disposed of pursuant t... |
11.86.061 | Effect of spendthrift or similar restriction. | A beneficiary may disclaim under this chapter notwithstanding any limitation on the interest of the beneficiary in the nature of a spendthrift provision or similar restriction.
[ 1989 c 34 s 6 .] |
11.86.071 | Liability for distribution—Effect of disclaimer. | No legal representative of a creator of the interest, holder of legal title to property an interest in which is disclaimed, or person having possession of the property shall be liable for any otherwise proper distribution or other disposition made without actual knowledge of the disclaimer, or in reliance upon the disc... |
11.86.080 | Rights under other statutes or rules not abridged. | This chapter shall not abridge the right of any person, apart from this chapter, under any existing or future statute or rule of law, to disclaim any interest or to assign, convey, release, renounce or otherwise dispose of any interest.
[ 1973 c 148 s 9 .] |
11.86.090 | Interests existing on June 7, 1973. | Any interest which exists on June 7, 1973 but which has not then become indefeasibly vested, or the taker of which has not then become finally ascertained, or of the existence of the transfer of which the beneficiary lacks knowledge, may be disclaimed after June 7, 1973 in the manner provided in RCW 11.86.031 . However... |
11.90.010 | Short title. | This chapter may be cited as the uniform adult guardianship and protective proceedings jurisdiction act.
[ 2009 c 81 s 1 .]
Effective date — 2009 c 81: "This act takes effect January 1, 2010." [ 2009 c 81 s 24 .] |
11.90.020 | Definitions. | In this chapter: (1) "Adult" means an individual who has attained eighteen years of age. (2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 11.130 RCW, and includes a conservator appointed by the court in another state. (3) "Guardia... |
11.90.030 | Foreign country treatment. | A court of this state may treat a foreign country as if it were a state for the purpose of applying this chapter.
[ 2009 c 81 s 3 .]
Effective date — 2009 c 81: See note following RCW 11.90.010 . |
11.90.040 | Communications with out-of-state courts. | (1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (2) of this section, the court shall make a record of the communication. The record ... |
11.90.050 | Requests between in-state and out-of-state courts. | (1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (a) Hold an evidentiary hearing; (b) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (c) Order that ... |
11.90.060 | Testimony and documentary evidence from another state. | (1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony... |
11.90.200 | Definitions. | (1) In this chapter: (a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf. (b) "Home state" means the ... |
11.90.210 | Exclusive jurisdictional basis. | This chapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult under chapter 11.130 RCW.
[ 2020 c 312 s 712 ; 2009 c 81 s 8 .]
Effective dates — 2020 c 312: See note following RCW 11.130.915 .
Effective date — 2009 c 81: See note followi... |
11.90.220 | Appointing a guardian or issuing a protective order. | A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) This state is the respondent's home state; (2) On the date the petition is filed, this state is a significant-connection state and: (a) The respondent does not have a home state or a court of the respondent... |
11.90.230 | Special jurisdiction. | (1) A court of this state lacking jurisdiction under RCW 11.90.220 has special jurisdiction to do any of the following: (a) Appoint a guardian in an emergency for a term not exceeding sixty days for a respondent who is physically present in this state; (b) Issue a protective order with respect to real or tangible perso... |
11.90.240 | Exclusive jurisdiction for court appointing a guardian or issuing a protective order. | Except as otherwise provided in RCW 11.90.230 , a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
[ 2009 c 81 s 11 .]
Effe... |
11.90.250 | In-state court declining jurisdiction. | (1) A court of this state having jurisdiction under RCW 11.90.220 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (2) If a court of this state declines to exercise its jurisdiction under su... |
11.90.260 | Jurisdiction required by unjustifiable conduct. | (1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (a) Decline to exercise jurisdiction; (b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the h... |
11.90.270 | Notice of petition requirements when not respondent's home state on filing date. | If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who... |
11.90.280 | Rules when guardian appointment or protective order petition is filed in Washington and another state. | Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under RCW 11.90.230 (1) (a) or (b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neithe... |
11.90.400 | Procedure for transfer of guardianship or conservatorship to an out-of-state court. | (1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (2) Notice of a petition under subsection (1) of this section must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a ... |
11.90.410 | Procedures for transfer of guardianship or conservatorship to Washington. | (1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to RCW 11.90.400 , the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional ... |
11.90.420 | Registering out-of-state guardianship. | If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgm... |
11.90.430 | Registering an out-of-state protective order. | If a guardian of the estate or conservator has been appointed in another state and a petition for a protective order is not pending in this state, the guardian of the estate or conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective ord... |
11.90.440 | Enforcement of guardianship or protective order from another state. | (1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or ... |
11.90.450 | Uniformity. | In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2009 c 81 s 21 .]
Effective date — 2009 c 81: See note following RCW 11.90.010 . |
11.90.460 | Application of the federal electronic signatures in global and national commerce act. | This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of... |
11.90.470 | Application. | (1) This chapter applies to guardianship and protective proceedings filed on or after January 1, 2010. (2) RCW 11.90.010 through 11.90.060 and 11.90.400 through 11.90.460 apply to proceedings filed before January 1, 2010, regardless of whether a guardianship or protective order has been issued.
[ 2009 c 81 s 23 .]
Effe... |
11.95A.001 | Short title. | This chapter may be known and cited as the uniform powers of appointment act.
[ 2021 c 140 s 3101 .] |
11.95A.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Appointee" means a person to which a powerholder makes an appointment of appointive property. (2) "Appointive property" means the property or property interest subject to a power of appointment. (3) "Blanke... |
11.95A.020 | Governing law. | Unless the terms of the instrument creating a power of appointment manifest a contrary intent: (1) The creation, revocation, or amendment of the power is governed by the law of the donor's domicile at the time the action is taken; and (2) The exercise, release, lapse, or disclaimer of the power, or the revocation or am... |
11.95A.030 | Common law and principles of equity supplement. | The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or law of this state other than this chapter.
[ 2021 c 140 s 3104 .] |
11.95A.100 | Creation of power of appointment. | (1) A power of appointment is created only if: (a) The instrument creating the power: (i) Is valid under applicable law; and (ii) Except as otherwise provided in subsection (2) of this section, transfers the appointive property; and (b) The terms of the instrument creating the power manifest the donor's intent to creat... |
11.95A.110 | Power not transferable. | A powerholder may not transfer a power of appointment. If a powerholder dies without exercising or releasing a power, the power lapses.
[ 2021 c 140 s 3202 .] |
11.95A.120 | Presumption of unlimited authority. | Subject to RCW 11.95A.140 and 11.95A.350 through 11.95A.375 , and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is: (1) Presently exercisable; (2) Exclusionary; and (3) Except as otherwise provided in RCW 11.95A.130 , general.
[ 2021 c 140 s 3203 .] |
11.95A.130 | Presumption of unlimited authority—Exception. | Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if: (1) The power is exercisable only at the powerholder's death; and (2) The permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the pow... |
11.95A.140 | Rules of classification. | (1) In this section, "adverse party" means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerho... |
11.95A.150 | Power to revoke or amend. | A donor may revoke or amend a power of appointment only to the extent that: (1) The instrument creating the power is revocable by the donor; or (2) The donor reserves a power of revocation or amendment in the instrument creating the power of appointment.
[ 2021 c 140 s 3206 .] |
11.95A.200 | Requisites for exercise of power of appointment. | A power of appointment is exercised only: (1) If the instrument exercising the power is valid under applicable law; (2) If the terms of the instrument exercising the power: (a) Manifest the powerholder's intent to exercise the power; and (b) Subject to RCW 11.95A.230 , satisfy the requirements of exercise, if any, impo... |
11.95A.210 | Intent to exercise—Determining intent from residuary clause. | (1) In this section: (a) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause. (b) "Will" includes a codicil and a testamentary instrument that revises another will. (2) A residuary clause in a powerholder's will, or a comparable clause in the powerho... |
11.95A.220 | Intent to exercise—After-acquired power. | Unless the terms of the instrument exercising a power of appointment manifest a contrary intent: (1) Except as otherwise provided in subsection (2) of this section, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and (2) If the powerholder i... |
11.95A.230 | Substantial compliance with donor-imposed formal requirement. | A powerholder's substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if: (1) The powerholder knows of and intends to exercise the power; and (... |
11.95A.240 | Permissible appointment. | (1) A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property. (2) A powerholde... |
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