[WSBAPT] Help - Personal Property Letters

[Kailei Feeney]

I also have not briefed or litigated thew issue but I think the use of "all" could create an argument that the personal property IS reasonably ascertainable - it's ALL of decedent's personal property.

I would not think this if it just said "my personal property" or "some of my personal property" or "whatever of my personal property Susie elects."

Certainly curious to hear from others though!

Kailei
Kailei B. Feeney
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Tuesday, October 27, 2020 2:22 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Help - Personal Property Letters
Importance: High

Hello Team Listserv,

If a decedent left a Will and referenced a personal property letter and the letter then said "all personal property" to Susie Smith and did not list any specific items - again just says "all".

RCW states (c) the writing describes the items and the recipients of the property with reasonable certainty.

Would you say the "all" language complies or fails with "reasonable certainty"

Thanks so much

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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