[WSBAPT] Real Property Bequest Subject to Life Estate

[Heather de Vrieze]

I don’t think you can handle this with a Transfer on Death Deed. The statute is pretty clear that TODDs confer only fee simple interests which take effect at death.
A will directing distribution of the property subject to a life estate in the sister can work, but can also create problems down the road if there are issues with maintenance, taxes, the need for sale of the property or similar. A trust can work as well, with the Trust have management authority and direction about what expenses Sister will be responsible for or can be kicked out for not paying.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Tuesday, April 12, 2022 2:02 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Real Property Bequest Subject to Life Estate

Upon his death, PC wants to leave his real property to his step-son subject to a life estate in his sister.  What’s the best way to go about this?  Just include a bequest to the stepson, subject to a life estate in sister, in the last will and testament?  Is there such thing as a TOD deed to John Doe subject to a life estate in Sarah Appleseed?

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Inge A. Fordham | Attorney
Fordham Law, PLLC
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Office: (253) 348-2657 | Mobile: (206) 778-3131
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