[WSBAPT] Experience fighting over tangible item (intestate)

[Eric Nelsen]

I once spent 14 hours at a decedent’s house while two siblings in their 60s slowly divided all the tangible personal property into two piles. We did the classic “sib 1 gets to make the piles, then sib 2 gets to pick which pile to take” to make it “fair.”

The whole thing came within a whisker of failing at the very end, because one pile had an old-fashioned doll of an infant, and the other pile had a toy baby carriage, and 65-year-old sib 1 was yelling that they “went together” and 67-year-old sib 2 was insisting that they didn’t because they were from different toy sets.

Nothing in either pile was worth 50 cents at a flea market.

Sorry Brent. These disputes really aren’t satisfactorily solveable by legal means. Evidence of a gift of tangible personal property often comes down to possession, or location of the object in the house in a way that seems to imply that it has changed hands. Or a Christmas or birthday card that went with it. Or a third party witness not barred by Dead Man’s Statute who was present at the time of the gift, or can testify to some non-hearsay behavior indicating that the gift had been 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 Brent Williams-Ruth
Sent: Tuesday, August 25, 2026 2:50 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Experience fighting over tangible item (intestate)

Greetings List Members -

I am facing down a situation where two individuals are contemplating war over a print with sentimental value.

In one corner - an estranged half-sister of the decedent who wants the print as part of a settlement to not make probate miserable for my client

In the other corner - my client - Petitioner/Sub-3, never married, No Will.  Claims that her partner of 44 years gave her the print. There is no paperwork (oh if only there was!).

Before I open Lexis to look for authority regarding the establishment of a gift without documentation, I wanted to see if anyone has had the joy of this type of fight in your prior experience.  Appreciate any guidance!


Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Mailing Address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com<mailto:info at williams-ruthlaw.com>

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /
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