[WSBAPT] Life estate?

Tom J. Westbrook tjw at w3net.net
Wed May 21 07:52:22 PDT 2014


Lisa,

 

Don’t have any authority for this I can point to, but it only stands to
reason that if someone can have a fee interest that is less than 100% then
what prohibits having a life estate for less than 100% interest. My
question is – can only a 50% fee owner give a life estate that affects the
entire fee ownership? It might be that they could give it for their life,
but not extend it to the life of someone else if the grantee lived longer
than the grantor. But I am just thinking about issues – I don’t know for
sure either way. Interesting issue. Best to have all fee owners sign the
life estate conveyance I think.

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

Thomas J. Westbrook, PLLC

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Lisa Schuchman
Sent: Tuesday, May 20, 2014 4:49 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Life estate?

 

Can we do a testamentary life estate for a half interest in real estate?
The prospective life tenant owns the other half.  What do you think?

 

Lisa E. Schuchman
206-325-2801
www.lisaschuchman.com <http://www.lisaschuchman.com/> 

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