[WSBAPT] Help - Personal Property Letters

[Josh Grant]

With the underlying concept being that the law wishes to put in effect the intent of a testator... I think “all my property” is OK.

Joshua F. Grant

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

From: Kailei Feeney 
Sent: Tuesday, October 27, 2020 3:33 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Help - Personal Property Letters

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
Attorney-at-Law



3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

kailei at westseattlelaw.com 

www.westseattlelaw.com 

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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

509-455-5300

 



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