[WSBAPT] Life estate, probate, and greed

Tue Jun 10 21:31:55 PDT 2014

Thank you, Sam!

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Sam Furgason
Sent: Tuesday, June 10, 2014 4:13 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Life estate, probate, and greed

Charge brother rent. Since he takes the position that his obligations do
not commence until the estate signs a deed, then the estate is justified
in treating the property as a rental property until such time. Ejectment
would probably just end up in bad feelings, but you could point out that
his position means he does not have a right of occupancy until the deed is
tendered, so he should pay the fair rental value of the property until
such time. You could then compromise by (1) requiring him to provide full
access to the PR to the personal property (which appears to be happening),
and more importantly, (2) letting him take occupancy along with all the
responsibilities to pay utilities, insurance, maintenance and taxes in
lieu of paying rent. A house is a part of the real property, and the
estate has no further obligation than to prevent waste thereon while the
estate has possession. Repairs not necessary to prevent waste, and
utilities not necessary to keep the property from harm, are not the
estate’s responsibility. With the summer weather approaching, there’s no
need for gas, water or electricity.  No obligation for any of that after
he takes possession, and the obligation not to commit waste passes on to
the life tenant. 

S  

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Heather Kolbly
Sent: Tuesday, June 10, 2014 1:36 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Life estate, probate, and greed

Hi All,

Client PR and her brother were each left life estates in their mother’s
will.   Client’s life estate is in the house in which she has resided for
many years but was owned by mother prior to mother’s death.  Brother’s
life estate is in the home in which his mother lived prior to her death.
Both houses are on the same parcel of land, which is comprised of several
acres.  Probate was opened a month ago and we are in the creditor-claim
waiting period of 4 months.  Probate should close soon after that time
period... if all goes smoothly.  Problem:  Brother and his wife moved into
Mother’s home the day after she died and have been making demands that the
“estate” pay for things like a new garage door and other improvements to
that house. Brother also believes that the utilities should be paid by the
estate until the deed officially transferring the property to him in life
estate is executed.  I have instructed PR (Client) to only pay for
necessary repairs to the property at this point until I learn more about
how this should be handled.  Brother believes that because his mother
granted him a life estate in the house, he gets to move his family in and
do whatever he wants (including cleaning the house out and disposing of
personal property items of the deceased without the PR’s blessing), and
that the estate pays for all of it.  I have counseled PR to put a stop to
the disposal of any personal property items in Mother’s house unless it is
done under her direct in-person supervision, and she feels confident that
she can handle that.  

Re: Bother and his wife living in the house -- My feeling is that Brother
and his wife should not be living in Mother’s house until probate closes
and the proper deed has been executed.  Is this correct?  If Brother and
his wife refuse to move out until then, does the estate legally have to
pay the utilities and other necessary improvements on the property, or can
PR make Brother assume those costs?  Should PR have Bother legally removed
from the property until probate is over?  PR is not inclined to go that
far at this time, but Brother is starting to show some greediness that was
not apparent in him prior to Mother’s death.  PR is ok with brother living
in the house but NOT his demands that improvements and utility costs come
out of the estate to benefit him over the other beneficiaries.

Any guidance you can offer would be wonderful!

Thanks,

Heather Kolbly

Kolbly Law Firm, P.C.

peace of mind through planning

Wills  - Trusts - Powers of Attorney - Medical Directives 

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Heather Tobin Kolbly

Attorney and Counselor at Law

Mail:  704 228th Ave. NE #122, Sammamish, WA  98074

Office:  (425) 522-4234 s Cell:  (425) 444-1888 

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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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