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

Fri Mar 21 16:41:02 PDT 2025

Law Office of F. Andrekita Silva
______________________________________________________________________________________________________________________________

March 21, 2025

I have never had this situation, and I've not done any research, but it 
seems to me that the two children to home the home was devised should 
receive the net proceeds remaining after the sale to pay debt/expenses.

First, that seems more consistent with the testator's intent. Second, it 
would seem unfair and a twist in logic to decide that grandchild benefit 
just because the two devisees used part of their inheritance to pay 
debt.  To avoid that result, the home could be transferred to the two 
devisees, and the two devisees could pay the debt out of their pockets. 
There may be tax implications for them but at least they would not be 
sharing their inheritance in a manner the testator did not intend.

Again, just my off the top of my head thoughts. You can ignore what I 
said. I only piped in because no one else with knowledge or experience 
on this issue piped up.

Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com

On 2025/03/21 12:36, Jeff at bellanddavispllc.com wrote:
> I have not received any response.  This may be one for the Judge to
> decide.
> 
> Jeff
> 
> W. Jeff Davis
> 
> BELL & DAVIS PLLC
> 
> Attorneys at Law
> P.O. Box 510
> 
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com [1]
> 
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> 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
> www.mbaesq.com [2]
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> From: wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of
> Jeff at bellanddavispllc.com
> Sent: 03/17/2025 1:39 PM
> To: 'WSBA Probate & Trust Listserv' <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
> P.O. Box 510
> 
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com [1]
> 
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the
> intended recipient, any dissemination, distribution, or copying is
> strictly prohibited. If you think that you have received this e-mail
> message in error, please e-mail the sender at
> info at bellanddavispllc.com  or call 360.683.1129.
> 
> 
> 
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