[WSBAPT] No source for cash gift in will

[Rob Wilson-Hoss]

Here is some research I did recently. Basically, it is the abatement
statute, and I needed help from the cases to understand it. See the
language included from Martin v. Barger  about the categories of gifts.
Also thrown in is some research about interest and other related matters. 

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Valerie Ohlstrom
Sent: Monday, February 17, 2014 10:38 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] No source for cash gift in will 

 

Please answer to the list – thank you!

 

Very Truly Yours,

 

Val

 

Valerie O. Ohlstrom

Ohlstrom Law Office

vohlstrom at comcast.net

www.ohlstromlaw.com <http://www.valerieohlstrom.com/> 

Office: (425) 881-5251

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Neli Espe, Olympic
Legal Services, PS
Sent: Thursday, February 13, 2014 4:12 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] No source for cash gift in will 

 

Dear List-mates,

 

I have a will which is drafted in a somewhat unique manner. There is a
list of CDs, accounts, and other financial instruments, all with
designated beneficiaries. There is further a house, with all its contents,
also with named beneficiaries of the proceeds of the sale of both the
house and the household items. 

 

At the last minute before signing the will, testatrix wrote in a certain
amount (“in cash”) to be given to a beneficiary not mentioned under the
other categories. 

 

There is no source from which the amount is to be taken, as there is no
apparent “residue.”  (For that matter, there is no liquid asset to cover
the administration expenses either.) 

 

Other than carving out the amount from sale of the house and having all Bs
sign an agreement that they are willing to give up the amount to the “cash
B”, is there any other way to implement testatrix’ intent? It seems like,
otherwise, the gift will fail. 

 

Thanks for your insights.  

 

Neli

 

Neli T. Espe, J.D.

Olympic Legal Services, P.S.
T: (360) 630-3635
F: (888) 493-0120
neli at olympiclegal.com
www.olympiclegal.com

 

 

 

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