[WSBAPT] Ademption by Extinction

[David Spencer]

Dear Forum Members:

 

I am seeking Washington authority on these facts: 

 

Testator's will makes specific gift of coin collection to devisee.
Collection is stolen before Testator's death but is insured.  However,
Testator dies without filing the insurance claim but Executor has now done
so.  Executor intends to give the insurance proceeds to the devisee of the
collection.  I have not seen the will but client is asking who gets the
insurance money. 

 

Reutlinger in Washington Law of Wills and Intestate Succession is a bit
unclear to me as to whether Washington allows the specific devisee receive
the insurance proceeds.

 

I've looked at the Washington ademption decisions and not found clear
guidance.  I am aware other states have statutes that would give the
specific devisee the insurance proceeds (such as New York).

 

Thanks for any information you may provide.

 

 

David D. Spencer

Attorney at Law

1621 Lake Mount Drive

Snohomish, WA 98290

T 206.650.7048 or 360.862.9101

F 206.508.3999

 <mailto:spencer at davidspencerlaw.com> spencer at davidspencerlaw.com

 <mailto:spencerlaw at hotmail.com> spencerlaw at hotmail.com

 <http://www.davidspencerlaw.com/> www.davidspencerlaw.com 

 

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