[WSBAPT] please help decipher Will distribution

[J A Cyphers]

B was alive when the Testator died.
B's share vested in B at the Testator's death.
Since B lived for 2 years after Testator, B presumably has survived any
survivorship clauses - usually 30 days to 90 days - in Testator's will.
Thus B's share belongs to B's estate and goes to whomever B's will provides
as heirs.

I don't see any way the language in Testator's will should be interpreted to
read that B must live until Distribution in order to take. 

    
  
Jackie Cyphers
Jeannette A. Cyphers, Attorney at Law
P. O. Box 908   
Edmonds, WA 98020-0908
425-776-5887
fax 425-640-0814
jacyphers at gmail.com
 
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-------Original Message-------
 
From: Melinda Grout
Date: 7/20/2016 8:36:35 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] please help decipher Will distribution
 
Mates:


Testator’s Distribution says essentially:


Equal shares to A, B, and C.  
If A “is unable or unwilling to take” her share, then her share instead
passes to X,Y, and Z per stripes.  
If B “is unable or unwilling to take” his share, then his share instead
passes to A.


Here’s where it stands:


A predeceased the Testator - clearly her share is going to X, Y, and Z by
right of representation.
Now we learn that B survived Testator by 2 years, but just died last month. 



We are ready to distribute, but want to be sure who gets what.  Does B’s
share pass to A, and then under A’s provision, on to X,Y, and Z?  Or since A
is not alive, does B’s share pass back to the pool?  As in: B’s third goes
equal shares to C and [X,Y, and Z by right of representation] ?


No doubt this is simple, but it’s making my head hurt…  any wisdom would be
greatly appreciated!


Melinda
 
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