[WSBAPT] No source for cash gift in will

[Neli Espe, Olympic Legal Services, PS]

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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