[WSBAPT] Probate/Will Questions - Nonprobate assets

[John J. Sullivan]

Rich:

I don’t see how RCW 11.11 reaches the nonprobate assets, since none are specifically referenced. 

I think there is an Ademption because even though the specific pecuniary bequest is expressed as a percentage of the estate, it is a specific pecuniary bequest in cash that cannot be satisfied from the probate estate. 

I don’t see an obligation of the nonprobate beneficiaries to abate because the specific pecuniary bequest is not one of the reasons they have to contribute:

http://app.leg.wa.gov/RCW/default.aspx?cite=11.18.200

If the beneficiaries want to honor the bequest, perhaps they can disclaim a portion, as long as the default contingent beneficiary would be the probate estate. 

John Sullivan

Sent from my iPad

> On Jan 4, 2018, at 3:25 PM, J Richard McEntee, Jr. <jrmcentee at gmail.com> wrote:
> 
> Hello Listmates -
> 
> This may be a duplicate message for some of you. I sent to the Solo and Small Practice Listserv as well.
> 
> A client (named personal representative) has contacted me regarding a possible probate. The decedent left a will with a gross estate of approximately $1.6 million. The decedent has no surviving spouse. The decedent owned no real property. The entire estate currently appears to be comprised of a life insurance policy payable to decedent’s children and a number of brokerage accounts also payable to decedent’s children. As it stands, it looks like all assets are non-probate. The decedent’s final tax return will need to be filed. Question 1: will a probate be necessary as to these facts? 
> 
> Question 2: Decedent made a specific bequest in his will. It states “[a]t the time of my demise, I direct my personal representative to evaluate the extent of my estate using whatever means in my personal representative’s reasonable discretion would yield an accurate accounting. Upon that information, I give a specific bequest to the General Fund of (named church), an amount in cash equaling 2% of my gross estate. If all assets are non-probate, does this specific bequest fail?  What other factors are considered? I have looked at RCW 11.11 but am not sure that it applies to this bequest as it does not name a specific non-probate asset to be distributed. Any thoughts would be appreciated.
> 
> Thank you
> Rich
> 
> 
> RICH McENTEE
> McENTEE LAW OFFICE
> 3800 Bridgeport Way W, Ste A411
> University Place, WA 98466
> 253.227.9894(m)
> jrmcentee at gmail.com       
> 
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