[WSBAPT] Specific gift result if estate not large enough

[Rich McEntee]

Hello

Hopefully this is not an annoyance as I have posted to two listserves 

I have a client who was widowed about a year ago. At the husband’s death, 1/2 of a community condo passed to one of the client’s 3 sons. The client’s desire is to pass the remainder of the condo to the son who owns the half. In order to equalize the estate, she wishes to give a sum of money to the other two sons. At present, the estate is large enough that there should be no issue with the bequest of the cash. However, I am attempting to sort through what would be the result if the client passes away and the estate still owns the condo but does not have enough money to pay the cash bequests? I am not certain that the interest in the condo is truly equivalent to the share of cash that each other brother is to receive. Without any specific direction, how would this sort itself out? Any thoughts? 

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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