[WSBAPT] No source for cash gift in will

Valerie Ohlstrom vohlstrom at comcast.net
Mon Feb 17 10:37:41 PST 2014


Please answer to the list – thank you!

 

Very Truly Yours,

 

Val

 

Valerie O. Ohlstrom

Ohlstrom Law Office

 <mailto:vohlstrom at comcast.net> vohlstrom at comcast.net

 <http://www.valerieohlstrom.com/> www.ohlstromlaw.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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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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