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Charity Ignores Bequest Litigation and Pays the Price
Bequests in the News
Washington State Patrol Memorial Fund (WSPMF) is (or is part of) a 501(c)(3) charitable organization that offers support to the families of fallen officers. WSPMF received a testamentary gift from Robert Moore, a long-time employee of the Patrol. WSPMF failed to respond to notifications concerning a dispute about the bequest. As a result, the court reduced the gift by 30%. Here is how it happened.
Decedent Moore had a total of $535,000 in life insurance benefits through policies offered by his employer and issued by Metropolitan Life Insurance Company. When Moore died in 2023, two competing designations were found. The first, from 2021, divided the policy proceeds between Individual A and Individual B. The second, from two years later, changed the beneficiaries to Individual C and WSPMF.
Met Life thereupon filed an “interpleader” case, a type of litigation designed to resolve multiple parties’ claims to the same “pot” of money and to protect the custodian (Met Life) from the risk of paying twice. Individual C responded to the lawsuit. A, B and WSMPF did not.
The court found that the 2023 designation controlled, meaning that Individual C and WSPMF were the rightful owners of the proceeds. However, in interpleader cases, defaulting parties can be denied payment of entitlements as a sanction for nonparticipation.
The court did not divest WSMPF of its entire share but did require it to pay Met Life’s legal fees ($15,000). Instead of its full $53,500 bequest, the charity received only $38,000. Metropolitan Life Insurance Company v. Washington State Patrol Memorial Fund et al., 2025 WL 1993211 (U.S.D.C., W.D. Wash.)
CCK COMMENT: A charity needs to have a “seat at the table” when there is an issue that might affect its share. As a practical matter, this requires an organization to monitor the administration of every estate where it is a beneficiary, or even a potential (contingent) beneficiary.
In a sense, WSMPF was fortunate. In a widely reported case, charities that did not participate in a court-ordered mediation about a bequest forfeited their entire interests in the estate. Breslin v. Breslin, 62 Cal.App.5th 801 (2021). Although it may be tempting for a charity to take a “free ride” in a contested estate (i.e., relying on other charities to litigate to a good result for everyone), such a practice is a gamble.
Originally published on April 7, 2026, on our LinkedIn.
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