[WSBAPT] Missing item

Roger Hawkes Roger at law-hawks.com
Thu Apr 14 15:23:47 PDT 2022


Don’t give up on ‘finding the ring’.  Pawn shops are required to keep records.  Have someone, the ‘heir’ go to pawn shops near where the potential fraudster lives or works. Hurry.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lewis, Amy C.
Sent: Thursday, April 14, 2022 2:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Missing item

Did the decedent have insurance that would cover the ring if stolen?



Amy Lewis, Attorney
Pronouns she/her/hers
[cid:image001.png at 01D85013.A1096DA0]
909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Amy Goertz
Sent: Thursday, April 14, 2022 10:35 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Missing item

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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