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

[Heather deVrieze]

Kim,

Why not either establish a trust that continues until either partner's death or sale, with distribution at death or sale exactly as you describe?

Or, give the partner a right of occupancy that continues until partner dies or elects to sell.

Heather

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
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heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kim Hammit
Sent: Thursday, November 29, 2018 4:29 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] leaving house to partner with provisions for siblings, and more

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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