[WSBAPT] Help - Personal Property Letters

Wed Oct 28 08:55:08 PDT 2020

I agree with the use of all. If the wording was in the Will and it said all
of my personal property, would we be having this discussion? So, why
wouldn’t it work the same way in the Personal Property written letter.

Doesn’t the Will say something like:  I will leave a list of my
non-business tangible personal property, directing which property is to go
to each respective individual. I direct that my Executor distribute the
items on said list to the intended beneficiaries.  This list shall take
precedence over the other provisions of this Article.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers Kee Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Kailei Feeney
*Sent:* Tuesday, October 27, 2020 3:34 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*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

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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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