[WSBAPT] PERSONAL PROPERTY LIST

[Jennifer Gellner]

Hi All:

Wife died with a Will and no personal property list.  Husband died 5 months earlier with long-detailed property list, but under the community property agreement, all property went to wife.  Wife wrote on husband's personal property list that she would give the items as he directed when she passed.

Thus, under wife's Will, all personal property is divided with the real property into percentage shares, including "percents" to husband's children named in husband's personal property list, and other heirs not on his list.  His list reflects several pieces of art and expensive furniture and he put values next to some items, e.g., $6,000, $7,000, etc.

Husband and wife were separated and planning to divorce when they died and wife intended to change her Will, but didn't, so there is contention between wife's family and husband's family.

Although my PR does not have an obligation to distribute the personal property based on husband's list, I thought maybe we should send a letter to the heirs on the list and let them know what items were designated to them and why it is not the estate's duty to distribute according to the list.  Then advise them that if they want one or more of the items designated to them, they would need to pay for a date of death appraisal and for shipping or any other costs - and the value of the items will be deducted from their share of the rest of the estate.  Note: we have a guardian ad litem watching out for the interests of two minors, and the minors' parents are the ones on the list.

Or, what do people recommend?

THANK YOU.

Best Regards,

Jennifer A. Gellner

[cid:image003.png at 01D4DE75.A9F91400]<https://www.jcrlaw.com/>

Jennifer A. Gellner, LL.M.
Principal, Gellner Law Group
P: (425) 235-5535 │ Toll-Free: (877) 252-0738
E: jennifer at gellnerlawgroup.com

8407 S. 259th St. Suite 203, Kent, WA 98030
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