[WSBAPT] Lapse of specific bequest?

[Ronald St. Hilaire]

Josh,

I believe that the distinction is between delivery of a deed to the grantee prior to death (with or without recordation), which would be a complete conveyance, and delivery of a deed to escrow before death, but final closing (and therefore delivery of deed to grantee) not completed until after death.

________________________________
Ronald F. St. Hilaire · Attorney at Law
Liebler & St. Hilaire, P.S.
P.O. Box 6125 · Kennewick, WA  99336
8131 W. Grandridge Blvd., Suite 101 · Kennewick, WA  99336
(509) 735-3581 office · (509) 735-3585 fax
rfs at licbs.com<mailto:rfs at licbs.com> · www.bentonfranklinlaw.com<http://www.bentonfranklinlaw.com/>

[2771A5AE]




From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Thursday, January 31, 2019 10:47 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Lapse of specific bequest?

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

From: Ronald St. Hilaire<mailto:rfs at licbs.com>
Sent: Wednesday, January 30, 2019 5:58 PM
To: WSBA Probate & Trust Listserv<mailto:wsbapt at lists.wsbarppt.com>
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<mailto:rfs at licbs.com>

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

<image001.jpg>
6 1/2 N. 2nd Avenue, Suite 200
Walla Walla, WA 99362

T: 509.529.0630
F: 509.525.0630

www.basalt.legal<http://www.basalt.legal/>

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