[WSBAPT] Ambiguity in will.
Robert R. Cole
cole-gilday at stanwoodlaw.net
Fri Sep 2 16:31:50 PDT 2022
take out the final comma and it makes sense
Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C.
10101 - 270th St. NW
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On 9/2/2022 2:09 PM, Joshua McKarcher wrote:
>
> Hang tight, Ken. I’m diagramming. I love this stuff.
>
> *From:* wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Ken Luce
> *Sent:* Friday, September 2, 2022 3:03 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Ambiguity in will.
>
> The will provides the son gets nothing “if he does not survive me.”
> What does he get if he does survive? He only doesn’t get anything if
> he doesn’t survive.
>
> kl
>
> *From:* wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of
> *Jeff at bellanddavispllc.com
> *Sent:* Friday, September 2, 2022 1:48 PM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Ambiguity in will.
>
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> I agree with everyone, that son gets nothing. Its my understanding
> that as long as child is mentioned as a child, the fact that the Will
> leaves that child nothing, means just that, child gets 0. You don’t
> even need a disinheritance clause, let alone the one Ken is facing.
>
> Jeff
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
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> *From:* wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Sara Longley
> *Sent:* Friday, September 2, 2022 1:37 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Ambiguity in will.
>
> That’s my reading as well. Terrible drafting though!
>
> Sent from my iPhone
>
> On Sep 2, 2022, at 1:33 PM, Kerry Brink <Kbrink at vjglaw.com> wrote:
>
> I definitely think I would read it as the son gets nothing. I
> would read it that Son gets nothing and likewise son’s descendants
> get nothing if Son does not survive testator.
>
> Sent from my iPhone
>
> On Sep 2, 2022, at 1:23 PM, Ken Luce
> <Ken.Luce at lucelawfirm.com> wrote:
>
>
>
> Can someone tell me how to interpret this? A Will provides:
>
> “Except as provided blow, I make no provision in this Will for
> my son___,
>
> nor his descendants, if he does not survive me.” The son
> survived. The
>
> will makes no further mention of the son and leaves the RRR to
>
> someone not his son. Does the above language disinherit the son?
>
> Nothing is said about if or what the son inherits if he does
> survive.
>
> All help appreciated.
>
> *Kenyon Luce*
>
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