[WSBAPT] Specific Bequest Property Sold to Pay Estate Expenses - Who Gets the Net Proceeds

[Eric Nelsen]

Since the sale was post-death, I don't see there could be any argument that anyone other than the named beneficiaries receive the net proceeds. It's not residue; the decedent died while owning the real estate, and the real estate therefore vested in the named beneficiaries, subject only to divestment by the PR to pay debts. If there's money left over from the sale, it should go to them.

The main question in my mind would be the extent to which the estate debts can be paid from the net proceeds. That is handled either by the will provisions concerning what assets are used to pay debts, and/or the abatement provisions of Ch. 11.10 RCW. Generally, (1) residue property is used to pay debts before specific bequest property and (2) all specific bequest property including non-probate assets abate at the same time, proportionately. So if there were residue assets, they should be entirely consumed before any of the house proceeds are used, and if there were other specific bequests or POD bank accounts, those should bear a proportionate share of the debts paid from specific bequest property.

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 Mark Anderson
Sent: Friday, March 21, 2025 12:16 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Specific Bequest Property Sold to Pay Estate Expenses - Who Gets the Net Proceeds

Did you ever get an answer to this question?  I would be interested to know this as well.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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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 Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: 03/17/2025 1:39 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Specific Bequest Property Sold to Pay Estate Expenses - Who Gets the Net Proceeds

Listmates:

Will specifically devises decedent's home to two children.  However, the home is sold by PR to pay estate expenses.  Do the two children share in the net proceeds or do they pass under the residue provision, which includes the two children but also grandchildren?  There are no other assets.

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
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Sequim WA 98382
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