[WSBAPT] [WSBARP] Tenants in Common verses Issue by Right of Representation
Ms. Roberta Armstrong
robertaa at uw.edu
Fri Sep 15 15:13:41 PDT 2017
Thank you all that replied!!!
The Nice thing is both CHILD 1 and CHILD 2 are the residuary beneficiaries!
Presumably CHILD 2 takes all.
On Fri, Sep 15, 2017 at 2:42 PM, Ms. Roberta Armstrong <robertaa at uw.edu>
wrote:
> WIFE wanted house to go to her HUSBAND and then to the two children (CHILD
> 1 and CHILD 2). However, WIFE did not update her will after the death of
> CHILD 1 and then WIFE and HUSBAND dies together.
>
> Now, where does CHILD 2 stand - 100% owner of the home...? Also CHILD 1
> and CHILD 2 are children prior to the marriage of WIFE and HUSBAND.
>
> On Fri, Sep 15, 2017 at 2:15 PM, John Creahan <john at cairn-law.com> wrote:
>
>> We need more facts from the OP.
>>
>> Did Mom leave the residue to C1 and C2? If so, RCW 11.12.120 (2)
>> provides that C2 will receive C1’s interest. If not, the residuary
>> beneficiary may have an argument under RCW 11.12.120 (1). I don’t think the
>> anti-lapse statute applies here.
>>
>>
>>
>> John Creahan
>>
>> www.cairn-law.com
>>
>> *Now located in the heart of Fremont *3417 Evanston Ave. N, Suite 312
>> Seattle, WA 98103
>> 206-578-5877 <(206)%20578-5877>
>>
>>
>>
>>
>>
>> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.w
>> sbarppt.com] *On Behalf Of *Ms. Roberta Armstrong
>> *Sent:* Friday, September 15, 2017 2:04 PM
>> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>>
>> *Subject:* Re: [WSBAPT] [WSBARP] Tenants in Common verses Issue by Right
>> of Representation
>>
>>
>>
>> In this case, I believe WIFE intended that if either CHILD 1 or CHILD 2
>> died without issue, their portion would go to the remaining surviving child
>> (CHILD 1 or CHILD 2). Not a tenancy... but interesting about the residual
>> beneficiary interest in CHILD 1 portion.....
>>
>>
>>
>> Ummmm....
>>
>>
>>
>>
>>
>> On Fri, Sep 15, 2017 at 1:15 PM, Paul Neumiller <pneumiller at hotmail.com>
>> wrote:
>>
>> 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.
>>
>>
>>
>>
>>
>> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.w
>> sbarppt.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 <(206)%20625-0092>
>>
>> fax 206-625-9040 <(206)%20625-9040>
>>
>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.w
>> sbarppt.com <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
>>
>>
>>
>> 425.737.5448 <(425)%20737-5448> | Direct
>>
>> 866.227.6651 <(866)%20227-6651> | Fax
>>
>>
>>
>> Roberta at IndianWillsOnWheels.org
>>
>> www.IndianWillsOnWheels.org
>>
>>
>>
>> Please note that the contents of this e-mail message are confidential and
>> may be legally privileged, being intended for the named recipient. Please
>> do not reproduce or transmit this message without permission of the
>> sender. If you have received this message in error notify the sender to
>> inform them of the inadvertent mistake and then delete this message from
>> your computer and server. Thank you in advance for your adherence.
>>
>>
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
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>>
>>
>>
>>
>> --
>>
>> *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
>>
>>
>>
>> 425.737.5448 <(425)%20737-5448> | Direct
>>
>> 866.227.6651 <(866)%20227-6651> | Fax
>>
>>
>>
>> Roberta at IndianWillsOnWheels.org
>>
>> www.IndianWillsOnWheels.org
>>
>>
>>
>> Please note that the contents of this e-mail message are confidential and
>> may be legally privileged, being intended for the named recipient. Please
>> do not reproduce or transmit this message without permission of the
>> sender. If you have received this message in error notify the sender to
>> inform them of the inadvertent mistake and then delete this message from
>> your computer and server. Thank you in advance for your adherence.
>>
>>
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>
>
>
>
> --
> *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
>
>
>
> 425.737.5448 <(425)%20737-5448> | Direct
>
> 866.227.6651 <(866)%20227-6651> | Fax
>
>
>
> Roberta at IndianWillsOnWheels.org
> www.IndianWillsOnWheels.org
>
> Please note that the contents of this e-mail message are confidential and
> may be legally privileged, being intended for the named recipient. Please
> do not reproduce or transmit this message without permission of the
> sender. If you have received this message in error notify the sender to
> inform them of the inadvertent mistake and then delete this message from
> your computer and server. Thank you in advance for your adherence.
>
--
*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
425.737.5448 | Direct
866.227.6651 | Fax
Roberta at IndianWillsOnWheels.org
www.IndianWillsOnWheels.org
Please note that the contents of this e-mail message are confidential and
may be legally privileged, being intended for the named recipient. Please
do not reproduce or transmit this message without permission of the
sender. If you have received this message in error notify the sender to
inform them of the inadvertent mistake and then delete this message from
your computer and server. Thank you in advance for your adherence.
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