[WSBAPT] Shipping costs of estate items

Thu Jun 11 09:42:03 PDT 2015

In general, if there is a specific bequest of an item, or it's on the
separate writing, I treat shipping as an estate expense.  If it's part of
the distribution of the residue, I think that Heather's response is right
on-so long as there are no tax implications, the heirs can agree or argue
about it in court.

Eden

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Wednesday, June 10, 2015 10:19 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Shipping costs of estate items

I think the Personal Representative would be given wide latitude to make
reasonable decisions here. As long as they are not showing preference
(paying to ship to one heir but not another) and making decisions that are
generally in the best interest of the estate, they can pay, or not pay.

For example, I had an estate where the beneficiary was in Hawaii and wanted
the estate to pay to ship a convertible (worth less than $10,000) to him.
Estate refused given the cost and unfairness to the other beneficiaries. I
have had other situations where the estate paid for a U-Haul for a
beneficiary to come move furniture that they were keeping. If you aren't
worried about convincing the IRS that these costs are legitimate "estate
expenses", get the beneficiaries to agree, or have the Personal
Representative put their plan in writing to all beneficiaries and let them
challenge in Court if they don't like it.

Heather

Heather S. de Vrieze
Attorney-at-Law

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Seattle, WA 98116-3705                          

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Gerald Sprute
Sent: Wednesday, June 10, 2015 9:15 AM
To: RPPT listserv
Subject: [WSBAPT] Shipping costs of estate items

Probate gurus,

Who is responsible for paying for the cost of shipping personal items to an
heir?  Is it the beneficiary receiving the property, or is this considered
an administrative cost of distributing assets and thus borne by the estate?
The Will is silent on this issue.

Jerry Sprute

Law Office of Gerald A. Sprute
P.O. Box 1657
Duvall, WA 98019
Tel: (425) 892-4079
Fax: (425) 844-9151
www.sprutelaw.com

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