[WSBAPT] Charitable Donation of "Kit" Airplane

John Creahan john at cairn-law.com
Fri Oct 21 17:22:55 PDT 2016


Doug,
Has the son identified a museum interested in the acquiring the plane? If so, the museum might have some valuable expertise.
At a minimum, I would recommend that the estate and museum enter into a gift agreement that spells out the museum's plans for the plane - which presumably would not include restoring it to flight condition. A simple indemnity might be sufficient in that case.
I agree with Heather that you might eventually need to engage an aviation attorney - particularly if the plane is licensed - but the recipient might be willing to bear that expense (and, at the very least, they would likely be able to recommend someone).
Hope this helps,
John

John Creahan
206-621-5848
www.cairn-law.com<http://www.cairn-law.com/>


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Friday, October 21, 2016 4:55 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Charitable Donation of "Kit" Airplane

Good suggestion, Heather.  Thank you.

Knowing no such person in the Vancouver, WA area, I am wondering if any of the listserv members have a recommendation of such a person, perhaps in the Puget Sound area.

Thanks again.

Doug Bratt

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Friday, October 21, 2016 4:33 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Charitable Donation of "Kit" Airplane

I would get an aviation attorney involved in this transfer to properly document the transfer, and to thereby protect the Personal Representative.

Heather

Heather S. de Vrieze
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Seattle, WA 98116-3705
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heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Friday, October 21, 2016 4:12 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Charitable Donation of "Kit" Airplane

Hello Listmates:

A current estate has an unusual asset - a private airplane, put together from a kit, in the 1960's.  The airplane kit company is now out of business.

The plane was actually flown by the Decedent a number of years ago (but that is not what caused his death!)  It has not been flown since he traveled from the Sacramento to this state in the airplane, those many years ago.

It is a relic with some sort of value as a possible display item in a flight museum and the Decedent's son wants to go the donation route.

I now wonder if there should not be some sort of a hold harmless agreement to be signed by the recipient, related to any injuries or deaths caused by flying the plane (or attempting to fly the plane), anytime in the future.

Your thoughts??  (and suggested forms, if any of you have done anything similar in the past).

Thank you, and have a great weekend.

Regards,

Doug Bratt

Douglas J. Bratt
Lawyer

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