[WSBAPT] lapsed distribution - please help

[Roger Hawkes]

Without doing my own research, I would depend on the language of the statute and divide the lapsed gift like the law says, among the relatives of given degrees.  You can give them all notice about that and provide a TEDRA agreed order to sign; if they don't all sign, petition the court for approval and give them all notice.

Sometimes the law is different from what the testator intended, but it's a pretty powerful presumption that the testator knew what would happen when he or she did not state a residuary clause:(


Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000
Fax is 206 367 4005

From: Melinda Grout [mailto:mkgroutlaw at gmail.com]
Sent: Sunday, January 31, 2016 4:30 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] lapsed distribution - please help

A lapsed gift in a probate we're running is raising this issue which is making my head hurt, so I'm hoping someone can help me see the light ;)   Here's the deal:

The other beneficiaries under the Will include not only persons, but also a church.  All beneficiaries have been bequeathed a specific % of estate, and each is a different %.
RCW 11.12.120(1) states that a lapsed gift  "...falls into the residue to be distributed to the residuary clause of the will, if any, but otherwise acc to laws of descent & distribution..."
Here, there is no residuary clause in the will.
My confusion is:    the laws of descent & distribution apply to persons, but I do not see how to apply this statute to entities
Would I be safe to assume that each remaining beneficiary (whether person or entity) will share the lapsed gift equally?  Or would they share in proportion to their respective interests in the remaining part of the estate?
I really appreciate any input - I highly suspect I am just tired and not seeing the obvious here...  but I'm not too proud to ask

Melinda


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