[WSBARP] Who pays the freight?

[Eric Nelsen]

I don't think there is a definitive answer.

My rule of thumb is:
If it's a specific bequest distributed in kind, the Estate pays the shipping cost--the decedent clearly wanted that to be distributed in kind.
If it's part of residue, the Estate pays if it would cost more in administrative hassle to alter people's allocations by a small amount, proportionate to the size of distributions to each heir.
If it's a big item and it's in the residue so the PR doesn't have to give that item to someone living halfway across the country, I'd say that the PR can say, we'll ship it to you, but you have to pay all/half/some of the shipping cost; otherwise we'll just sell it.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Gerald Sprute
Sent: Tuesday, June 09, 2015 3:54 PM
To: elder law; wsbarp at lists.wsbarppt.com; RPPT listserv
Subject: [WSBARP] Who pays the freight?

Esteemed Colleagues,

Is there a definitive answer on who pays for the cost of shipping personal items to an heir?  Is it the beneficiary receiving the property or is this considered an administrative cost of distributing assets and thus borne by the estate?  The Will is silent on this issue.

Jerry Sprute

Law Office of Gerald A. Sprute
P.O. Box 1657
Duvall, WA 98019
Tel: (425) 892-4079
Fax: (425) 844-9151
www.sprutelaw.com<http://www.sprutelaw.com>









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