[WSBAPT] Is notice required to beneficiaries of specific bequests where the gifted items were no longer owned by decedent at time of death?

[Eric Nelsen]

I would say yes-more notice is generally better. Keep in mind that there are gift ademption issues, and a beneficiary could argue that, depending on how and when the item was disposed of, they were meant to receive proceeds from its sale, or a substitute gift of some kind.

Might accompany the notice with a letter explaining that they're listed so you're sending notice, but the gift is of an item the estate doesn't have, so sorry, no gift will be made.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jon Fritzler
Sent: Friday, July 19, 2024 10:44 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Is notice required to beneficiaries of specific bequests where the gifted items were no longer owned by decedent at time of death?

Decedent's Will makes several specific bequests of items that he no longer owned at the time of his death.  Are beneficiaries of those items entitled to a Notice of Appointment even though they are no longer entitled to receive anything from the estate?

Jon M. Fritzler
Attorney at Law

11015 NE Fourth Plain Blvd., Suite D
Vancouver, WA 98662
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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