[WSBAPT] Disposition of anticipated real property in a will

[Josh Grant]

Why not recite the expectation of inheritance of the mom’s home, then devise it to the son, and then add “Provided, however, in the event mom’s home is not in the estate then I give and devise _________________”.

From: Lovie Bernardi 
Sent: Monday, October 24, 2016 11:08 AM
To: wsbapt at lists.wsbarppt.com 
Subject: [WSBAPT] Disposition of anticipated real property in a will

Listmates,

 

I drafted client’s will this earlier this year. He owned two pieces of rental property at the time and left one to one son, one to the other. (In trust if he dies before they are adults.) Now he has a new property that will go to one of the sons. Client wants a codicil to address  the new property. He also wants to leave his mother’s home, which he will inherit under her will, to the other son. He wants the mom’s house in the codicil as well because he is anxious to have his estate planning done. The mother is still with us, so conceivably she could outlive the client and the property would not be in client’s estate at the time of his death. I would appreciate any input on whether including this property now is advisable, or whether I should encourage client to split the third property between the sons in the current estate plan then rewrite the plan after client inherits the mom’s house. Thanks!

 

Lovie L. Bernardi

Flaherty & Bernardi, PLLC

216 First AVE S, #450

Seattle, WA  98104

(206) 682-2616

 

lovie at fb-lawfirm.com

http://fb-lawfirm.com

 

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