[WSBAPT] Missing item

[Amy Goertz]

Hello Learned Colleagues -

I have an estate being probated where there is very little liquidity and a very difficult beneficiary who is living in the estate house.

Of the many issues I am having on this estate is a specific bequest in the Will.

The Will left two specific bequests, one of which has been fulfilled and the other is a ring to the decedent’s sister. The rest goes to the troublesome beneficiary in the house.

Shortly after the beneficiary was asked for the ring so that it could be delivered to the decedent’s sister, he reported that it was “stolen.” We wholeheartedly believe that he pawned or sold the ring but we have no way of proving that.

The question is, what now happens to the bequest? The sister says the ring was diamonds and rubies. She has asked for $2000.

In researching this issue, I find lots of information on dealing with how to deal with a missing beneficiary, but haven't found a good answer for a missing item of personalty in a specific bequest.

What are your thoughts on whether and how to honor this specific bequest of an item that is no longer part of the estate?

Thanks in advance -

Amy


Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>







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