[WSBAPT] Deed for life estate -- 2 houses on 1 property

Tue Apr 14 18:58:18 PDT 2015

Hi Heather,

Use a special warranty deed and deed the property outright to the remainder beneficiaries, reserving a life estate in the life tenant. You can put the terms and conditions on the deed, but remember, there are no "probate police" so the remainder beneficiaries must take some action to enforce the conditions and to clear title when the life estate falls in--such as recording a death certificate. Many life tenants vacate before their tenancy ends. In that case, I have them sign quit claim deeds releasing their interest to the remainder beneficiaries.

Margaret

Margaret L. Koch 
Smith and Koch 
PO Box O 
Vashon, WA 98070 
206-463-9491 
206-463-3405 (fax) 
vashonlaw at aol.com 

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-----Original Message-----
From: Heather Kolbly <heather at kolblylaw.com>
To: wsbapt <wsbapt at lists.wsbarppt.com>; 'WSBA RPPT Probate & Trust Discussion Forum' <wsbapt at listserv.nethelps.com>
Sent: Tue, Apr 14, 2015 6:11 pm
Subject: Re: [WSBAPT] Deed for life estate -- 2 houses on 1 property

Hi All,

I have a probate with a unique situation.  The Will leaves two houses on two adjoining parcels of land to two beneficiaries in life estates tied to one beneficiary’s life.  The weird thing is that there is only one deed for both parcel numbers, and the two homes (one home on each parcel) have the same street address.  The second “home” is a modular home that is considered a mobile home.

What I need are:

1.        Can anyone share a sample deed used to transfer real property in probate to beneficiaries?  I haven’t done this before, and is anyone is willing to share a sample they’ve drafted, I would greatly appreciate it.

2.       Could anyone with experience or knowledge in life estates give me some guidance about drafting the actual life estate language?  I have been told before to use the language in the Will concerning the life estate, but I really could use some help to make sure things are done correctly.  If it helps, here is the language from the Will concerning the two life estates:

A)      “To my daughter, JANE DOE, a life estate in all of my real property consisting of roughly twenty (20) acres, together with the outbuildings and modular home that sits on the property, excepting the house commonly known as 1234 Main Street SW, Anytown, Washington.  This life estate shall continue as long as JANE DOE chooses to reside on the property.  If at any time JANE DOE chooses to \vacate the property, or in the event of her death,  or if she should predecease me, the property shall be sold and the proceeds shall be distributed to my three children in equal shares, share and share alike, by right of representation.”

B)      “To my son, JOHN DOE, a life estate in my family home commonly known as 1234 Main Street SW, Anytown, Washington, that shall continue, whether he is residing there or not, so long as my daughter, JANE DOE resides on the property.”

THANK YOU,

Heather Kolbly

Heather Tobin Kolbly

Mobile Attorney 

KOLBLY LAW FIRM, P.C.

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

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

Heather at KolblyLaw.com

www.KolblyLaw.com

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