[WSBAPT] Lapse of specific bequest?

[Josh Grant]

Interesting.  I thought I researched this a few years ago and I found authority that said delivery of a deed is all that is required before death.  recording not necessary.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Ronald St. Hilaire 
Sent: Wednesday, January 30, 2019 5:58 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Lapse of specific bequest?

I litigated this issue several years ago and lost. The case law at the time held that unless the sale was completed prior to death, the gift did not lapse. The proceeds from the sale go to the beneficiary of the specific bequest.   

There is case law on the issue that should not be difficult to find. 


Ronald St. Hilaire
Liebler & St. Hilaire, P. S. 
rfs at licbs.com

On Jan 30, 2019, at 5:51 PM, "jeremy at basalt.legal" <jeremy at basalt.legal> wrote:


  All,

   

  I have a case where real property is the subject of a specific bequest in a will. Prior to death, decedent signed a purchase and sale agreement, deed, and all other documents necessary for closing and gave closing documents to title company to hold in escrow. Closing occurred a few days after date of death. Does anyone have thoughts on whether this bequest lapsed in this scenario?

   

  Very truly yours,

   

  Jeremy Scott Hyndman, Esq.

  Managing Attorney

   

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  6 1/2 N. 2nd Avenue, Suite 200

  Walla Walla, WA 99362

   

  T: 509.529.0630

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  www.basalt.legal

   

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