[WSBAPT] leaving house to partner with provisions for siblings, and more

[Kim Hammit]

I have a client who owns a home and other assets (under the tax threshold
however).  His desire is that if his partner survives him, the partner will
be allowed to live in the home as long as he wants or sell it if he wishes.
The caveat is that if partner later dies, home needs to go to client's
siblings (50%) and partner's cousin (50%).  Same distribution if partner
sells - partner gets 50% and siblings get the other 50% at sale.  I could do
a life estate for partner and then to those parties upon partner's death but
client doesn't want to record anything now.  Can I put a right to sell in a
life estate?  

 

Or, do I do a specific bequest to partner at client's death and a contract
for mutual wills to ensure partner then leaves to his cousin and client's
siblings as client wishes?  If partner predeceases client, house will go to
cousin and siblings the same so I can put in client's will "house to partner
or if partner predeceases me, then to cousin and siblings as TIC"?  I feel
like I'm complicating this more than it needs to be . Can I even do contract
for mutual wills with unmarried life partners?  Another hook is that client
wants to leave 1/3 of all other assets (cash, stocks etc) to partner but if
partner later dies, wants 50% of what partner inherited to go back to his
siblings.  I think client is SOL on that and will have to just trust the
partner after death but is this something I can cover with contract for
mutual will?

 

Thank you for any ideas, suggestions, thoughts!

 

Kimberly S. Hammit

Associate Attorney

 

GSJONES LAW GROUP, P.S.

1155 Bethel Avenue

Port Orchard, WA  98366

Tel:  (360) 876-9221

Fax: (360) 876-5097

 

 

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