[WSBAPT] Missing item

Fri Apr 15 13:59:37 PDT 2022

Amy,

I believe that the law in Washington on what happens when a specific bequests fails because of ademption is unclear.  I found a presentation from a 2013 CLE (thanks Rob Nettleton) that talks about how other jurisdictions look at the issue.  Some jurisdictions use the “strict ademption theory”—the bequest doesn’t exist at the time of the testator’s death, and so the bequest is extinguished. Other jurisdictions follow the “intent theory of ademption” —basically cash can replace gift (Forbes v. Burketts, 181 So.2d 681 (1966).  

A TEDRA solves everything. 

Deborah Jameson
(Pronouns: she/her/hers)

Neil & Neil, P.S.
5302 Pacific Avenue
Tacoma, WA  98408
253-475-8600
253-473-5746 FAX

If your matter is urgent, please call my office.  Also, this message is not encrypted and it may not be secure or protected by attorney-client privilege.

On Apr 15, 2022, at 1:28 PM, Amy Goertz <amyjgoertz at icloud.com> wrote:

Thank you for these responses.

The Personal Representative has coverage on the house, but I am certain the deductible would be close to value of the ring.

As to contacting the Pawn Shops, that’s a good idea and I will direct the PR to give that a try. The heir to be receiving the ring lives out of state.

If we are unable to locate the ring, would you suggest we give her money instead or determine that the specific bequest has lapsed?

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/>

> On Apr 14, 2022, at 3:23 PM, Roger Hawkes <Roger at law-hawks.com <mailto:Roger at law-hawks.com>> wrote:
> 
> 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 <mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com <mailto: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 <mailto: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
> <image001.png>
> 
> 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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