[WSBAPT] Administering Probate when Will lacks residuary clause

[msafren at jennylinglaw.com]

Hello Fellow Listservers,

 

My client is needs to probate an estate, where the decedent  had a valid
will that had no residuary clause and some of estate assets are not
specifically named or bequeathed to others.  The decedent apparently
executed the will from an internet template.  The will follows all the other
formalities, it is self-proving, names a PR, empowers the PR to act without
court intervention or bond, and specifies that the PR has all the powers
necessary to administer the estate. 

 

Has anyone ever encountered a situation like this, where only some of the
probate assets are bequeathed under the will and other probate assets are
completely unaddressed due to a total lack of a residuary clause?  If so,
did the PR distribute the assets which are not addressed under the will via
the laws of intestacy? If not, how did you advise the PR to administer the
estate? 

 

Any advise or references to case law answering this question are
appreciated.  Thank you in advance. 

 

Warmest regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
 <http://www.jennylinglaw.com/> www.jennylinglaw.com |
<http://www.facebook.com/jennylinglaw/> facebook.com/jennylinglaw/ 

 


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