[WSBAPT] [WSBARP] Tenants in Common verses Issue by Right of Representation
Paul Neumiller
pneumiller at hotmail.com
Fri Sep 15 13:15:19 PDT 2017
Why couldn’t the beneficiary under the residual clause say, “Hey, C1 died, I step into C1’s shoes and get ½ interest in the residence.” Maybe Wife intended C2 to receive only ½ interest in the residence under all circumstances. Maybe the residual benie is a C3 and Wife wanted C3 to benefit if either or both C1 or C2 dies. Certainly a situation for a TEDRA agreement.
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, September 15, 2017 12:35 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] [WSBARP] Tenants in Common verses Issue by Right of Representation
To make sure I have this right:
1. Wife's Will says house to Husband, but if Husband dies first, then "to C1 and C2 or their issue by right of representation." I assume Wife is mother of C1 and C2.
2. C1 dies. C1 has no issue.
3. Husband dies before Wife.
3. Wife dies.
In that case, C2 inherits the house. C1 has no issue to take by right of representation under the terms of the Will (which mirrors antilapse statute, RCW 11.12.110).
I would interpret this exact phrasing to mean a gift to C1 and C2 as a class, such that the survivor takes all, and the house would only fall out of this bequest and into a separate residue clause if both C1 and C2 died before the Wife and neither of them had any issue.
The Estate of C1 would only take 50% if C1 survived the Wife.
Sincerely,
Eric
Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA 98144-3909
phone 206-625-0092
fax 206-625-9040
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Ms. Roberta Armstrong
Sent: Friday, September 15, 2017 11:04 AM
To: WSBA Probate & Trust Listserv; WSBA Real Property Listserv
Subject: [WSBARP] Tenants in Common verses Issue by Right of Representation
Hello ListServe,
Will provision states:
I give, devise, and bequeath to HUSBAND all my interest in 1234 Apple Street, real property. In the event HUSBAND predeceases me, then I give, devise, and bequeath to CHILD 1 and CHILD 2 or their issue by right of representation, all of my interest in such property.
If CHILD 1 predecease Testator and Husband without issue does CHILD 2 take all? Or does CHILD 1 and CHILD 2 have a tenancy in common and the CHILD 1 estate owns 50% of the real property?
Thank you in advance...
--
Creator of the first on-line Indian Will Production System - CHECK OUT www.NativeWill.org<http://www.nativewill.org/>
Ms. Roberta Armstrong
Washington State Bar Association No. 42343
Founder and Executive Director
Stewards of Indigenous Resources Endowment,
a Non-Profit Professional Service Corporation
P O Box 2248
Yelm, WA 98597
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Roberta at IndianWillsOnWheels.org<mailto:Roberta at IndianWillsOnWheels.org>
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