[WSBAPT] Life Estate Question

[Bryce Dille]

I have the same issue in a probate in Pierce county please respond to list thanks



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Bryce H. Dille | Attorney at Law

P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
bryced at cdb-law.com<mailto:bryced at cdb-law.com>
www.cdb-law.com<http://www.cdb-law.com/>





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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Scott Kee
Sent: Tuesday, October 17, 2017 12:15 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Life Estate Question

In his will, the decedent left property to his kids, but reserved a life estate his girlfriend.  The specific language is . . ."Girlfriend is entitled to reside in the real property located at  . . . . provided she pays the taxes and insurance on the property.  The residue of the estate goes to kids.

There is an underlying mortgage on the property and the decedent made no provision for, and did not mention, the mortgage.  In addition, maintenance has become an issue.

Girlfriend is taking the position that she is not responsible for the mortgage or maintenance as the decedent did not expressly indicate as much(see In Re Estate of Campbell) and she is not the ultimate beneficiary.

Kids are taking the position that Girlfriend is the devisee(see RCW 11.12.70) and therefore she is responsible for mortgage and maintenance.

Thoughts?

C. Scott Kee
Rodgers Kee & Card, P.S.
324 West Bay Drive, Suite 201
Olympia, WA 98502
(360) 352-8311
scottkee at buddbaylaw.com<mailto:scottkee at buddbaylaw.com>

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