What Did Mom Really Want?

A Recent Washington State Court of Appeals Case Decides

When it comes to estate planning, understanding and honoring the true intentions of a loved one is crucial. But what happens when those intentions are unclear, or when different interpretations of a will arise? A recent Washington State Court of Appeals case highlights how complex and uncertain this issue can be.  See Carol Henderson v. Pam Schmoll, et ano, Division 1 Court of Appeals No. 85156-0-1. 

The Case: A Mother’s Home and Her Children’s Inheritance 

In 1982, Edith Henderson created her will, leaving her Bellevue home to her daughter, Jane. Edith’s will specified that when Jane decided to sell the home, half of the proceeds would go to Edith’s son, Norman. Edith passed away the following year, and Jane became the owner of the property. However, Jane never sold the home before her death in 2021, and Norman passed away in 2018. This situation led to a legal dispute between the estates of Norman and Jane over what should happen next. 

The Dispute: A Question of Timing and Intent 

After Jane’s death, Carol Henderson, Norman’s widow and the administrator of his estate, filed a claim asserting that Norman’s estate was entitled to half of the proceeds from the eventual sale of the property. Jane’s estate, however, rejected this claim, arguing that Norman was only entitled to the proceeds if he outlived Jane—a condition that didn’t occur. 

Carol then took the matter to court, arguing that Edith’s will had created an express trust that guaranteed Norman’s share of the proceeds, regardless of the timing of his death. The trial court ruled in favor of Carol, agreeing that an express trust existed, and the case was brought to the Court of Appeals. 

The Court’s Decision: Was There an Express Trust? 

The Court of Appeals ultimately affirmed the trial court’s decision, concluding that Edith’s will did indeed create an express trust. This trust, they ruled, ensured that Norman’s estate was entitled to half of the proceeds from the sale of the home, regardless of when Jane chose to sell it. 

But this ruling raises a deeper question: Did Edith truly intend to create such a trust? Was it her wish that Norman’s estate benefit from the sale even if he didn’t survive Jane? Or was her intent more aligned with the condition that only a living Norman should receive those proceeds? 

The Intent Debate: Can We Ever Really Know? 

The case highlights a common challenge in estate planning: understanding the true intent of the person who created the will. In Edith’s case, her will provided specific instructions, but the broader context of what she wanted for her children isn’t as clear. Did she foresee the possibility that Jane might never sell the home? Did she want Norma’s wife to receive the property?  Did she even know Norman’s wife?  Would she have preferred that Norman’s children, her grandchildren, receive the property? Was she aware of the legal complexities her instructions could create? 

The legal arguments centered on the language of the will, but they also revealed the uncertainty that often accompanies such cases. It’s possible that Edith’s intent was not as concrete as the court’s decision suggests. The court’s ruling was based on legal principles, but those principles don’t always capture the nuances of a person’s true wishes and the actual intricate dynamics of the specific family involved. 

The Takeaway: Clarity in Estate Planning Is Key 

For those creating an estate plan, this case serves as a reminder of the importance of clear, detailed instructions. When drafting a will or trust, it’s essential to consider all possible scenarios and to communicate your intentions as explicitly as possible. This can help prevent disputes and ensure that your wishes are carried out as you intended. 

Consulting with an experienced trust and estate attorney is crucial. They can help you navigate the complexities of the law and ensure that your true wishes are honored. 

In the end, while courts can interpret and enforce wills, the best way to ensure your loved ones truly understand your intentions is to plan ahead, communicate openly and work with an attorney for estate planning. After all, peace of mind comes from knowing that your legacy will be handled just as you envisioned.