[WSBAPT] "fairness"

[Heather de Vrieze]

I think of the two beneficiary situation. If the answer is to divide the 100k estate two ways, then reduce the beneficiary who received the advancement by 12k and give it to the other beneficiary, there is nothing fair about that. The one with the advancement ends up with 38k plus the 12k advancement, and the other beneficiary gets $62. If instead the beneficiary who wasn’t given the advancement gets $12k off the top and then they divide what is left (88k/2 = 44k each) now they are equal. (unless you want to start discussing the time value of money, or that the advancement was a home that was worth 500k when gifted, but is worth 1 million now. Providing this clarity in the Wills we draft should be a priority.

Heather S. de Vrieze
(she/her)
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane Kiepe
Sent: Monday, November 2, 2026 1:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; Solo and Small Practice Section <solo-and-small-practice-section at list.wsba.org>
Subject: [WSBAPT] "fairness"

I am not looking for what the law says below circumstance, but what you believe the decedent intended and what is "fair".

Advance to Child 1: $12,000. This amount is "to come out of your inheritance to be fair to everyone".

No one disputes this transaction.  My question is on how you interpret fair (the plan is all kids equally).  A first distribution to others in the same amount?  Or, divide the estate amount by # of beneies, reduce one share by that amount, and redistribute that amount to others?  The beneficiaries will sign off but I keep waffling and would like your thoughts.



Thank you.
Diane Kiepe, J.D., LL.M. Taxation
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com<mailto:diane at kiepelaw.com>
200 N. Mullan Rd., Suite 203
Spokane Valley, WA  99206
509-808-2087
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