[WSBAPT] referral: specific bequests converted to cash

[Heather deVrieze]

Krista,

I think the legal theory here is ademption. I feel like it might matter if Mom chose to sell the condo herself, or if her trustee/agent sold it instead.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Krista MacLaren
Sent: Thursday, May 11, 2017 1:45 PM
To: wsba probate & trust <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] referral: specific bequests converted to cash

Hi Folks,

I have a PC whose mother had an RLT holding two properties and some cash.  Under the terms of the trust, one property went to one brother (also the trustee), one property (a condo) went to the sister, and part of the cash went to 2nd brother (the “bad” brother who sponged off mom for years).  The cash ran out, and in order to afford mom’s care at the very end, the condo was sold and the proceeds put into the cash account.  Mom used a small amount of the proceeds before her death.  Now the sister is wondering if there is anyway that she can still receive the condo proceeds.  The trust was silent on what would happen if the property was sold.  All three kids know what mom intended, but “bad” brother isn’t expected to be cooperative.  Trustee brother would like his sister to get the proceeds, but doesn’t want to be caught in the middle of a big dispute.

I really don’t want this, and I would love to refer sister to someone who knows if there is law that would support trustee distributing the remaining condo proceeds to her, and orchestrate it with the siblings.  Self referrals welcome.  The client is very eager to get this done asap.


Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com<mailto:kjm.inc at mac.com>

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