[WSBAPT] Real Property Bequest Subject to Life Estate
Jayne Gilbert
jgilbertatty at gmail.com
Wed Apr 13 17:51:07 PDT 2022
Nice additional language Jane
Ditto the thoughts regarding Eric
On Wed, Apr 13, 2022 at 12:43 PM Diane J. Kiepe <DJKiepe at depdslaw.com>
wrote:
> I literally have this situation right now – the only statement in the will
> is “to my child subject to life estate in favor of XX” – as you can imagine
> our initial consult the child left feeling like he inherited a burden of
> sorts. Particularly because XX is elderly and no real income stream.
>
>
>
> Who says estate planning and probate are routine?
>
>
>
> *Diane J. Kiepe*
>
>
>
> Diane J. Kiepe
>
> Douglas Eden
>
> 717 W. Sprague Ave.
>
> Suite 1500
>
> Spokane, WA 99201
>
> djkiepe at depdslaw.com
>
> 509-455-5300
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Jane Bitz
> *Sent:* Wednesday, April 13, 2022 12:13 PM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Real Property Bequest Subject to Life Estate
>
>
>
> I second the praise for Eric and Brent’s contributions to the list and I
> would add the following to Eric’s excellent summary of conditions for a
> surviving spouse/partner to occupy estate real estate:
>
>
>
> Must maintain the home in a clean and orderly condition and not allow the
> cleanliness of the home to deteriorate to the point of unsanitary
> conditions or unsafe conditions because of accumulation of personal
> property (hoarding).
>
>
>
> Must have estate’s permission to have [or continue to have or
> add to number of] pet(s) on the property and must prevent damage to the
> interior or exterior yard of the home caused by the pet(s).
>
>
>
> *Jane G. Bitz*
>
> Of Counsel | Wolff, Hislop & Crockett, PLLC
>
> *Helping Good People do Great Things!*
>
> 12209 E. Mission Ave., Suite 5
>
> Spokane Valley, WA 99206
>
> (509) 927-9700 (Phone)
>
> (509) 777-1800 (Fax)
>
> jbitz at whc-attorneys.com [Email]
>
> www.whc-attorneys.com <http://www.wolffandhislop.com/>
>
>
>
>
>
> [image: signatureLogo]
>
>
>
> *THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY
> THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION. Any review,
> use, distribution or disclosure by others is strictly prohibited. If you
> have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL,
> FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail. This mail
> cannot be modified without the express written consent of Wolff, Hislop, &
> Crockett, PLLC. Thank You.*
>
>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Eric Nelsen
> *Sent:* Tuesday, April 12, 2022 3:13 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Real Property Bequest Subject to Life Estate
>
>
>
> Thanks Brent—very kind of you. And thank you for your help in dealing with
> the Ex Parte issues here in King County, getting information for us all.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
>
> *Covid-19 Update - *All attorneys are working remotely during regular
> business hours and are available via email and by phone. Videoconferencing
> also is available. Signing of estate planning documents can be completed
> and will be handled on a case-by-case basis. Please direct mail and
> deliveries to the Seattle office.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Brent Williams-Ruth
> *Sent:* Tuesday, April 12, 2022 2:48 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Real Property Bequest Subject to Life Estate
>
>
>
> I will say that Eric gave me advice on this matter approximately 2 years
> back for someone who was on their deathbed.....so grateful for this
> assistance and these tips because nearly EVERY condition that was listed
> was tested by the individual who was granted the right to remain - such
> that ultimately, they stated that they would disclaim the right and allow
> the property to be sold and the residue distributed to the other family
> members.
>
>
>
> Eric - if you don't feel it enough - you are part of the crown jewels of
> this listserv for your willingness to assist others.
>
>
>
> This email just triggered the memory of help and given that we work in a
> field where we tell our clients (daily) to not leave things unsaid, I felt
> it needed to be said about Eric.
>
>
>
> Brent
>
> *Brent Williams-Ruth* (pronouns: he/him)
> *Attorney-At-Law*
>
> *Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*
>
> *Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*
>
> ***EFFECTIVE IMMEDIATELY**** All mail sent through the USPS should be
> sent to the following address: PO BOX 3319; Federal Way, WA 98063 *
>
> Office/Scheduling Phone: (253) 285-7751
>
> Direct: (253) 285-7453
>
> e-mail <Brent at Williams-RuthLaw.com> / website
> <https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.williams-ruthlaw.com%2F&data=04%7C01%7C%7C8799fcad24b74c0c929f08da1cd3c8b4%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C637853993521142722%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=rFtUORukJasBlUsOjZKk7adW34xl1xL6qKU03LNQ3h4%3D&reserved=0>
> / facebook
> <https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fbwrlaw&data=04%7C01%7C%7C8799fcad24b74c0c929f08da1cd3c8b4%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C637853993521142722%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=qF9c9v3q0hwbAW0MO1Wd1xHaFWDevpjsRJQ4h3RUsOU%3D&reserved=0>
> /
>
>
>
>
>
> On Tue, Apr 12, 2022 at 2:39 PM Eric Nelsen <eric at sayrelawoffices.com>
> wrote:
>
> In my experience, a true “life estate,” as in the old-fashioned defeasible
> fee, is seldom a good idea because it leaves all kinds of potential issues
> unresolved as to rights and duties of the owner and the remainder interest.
> Better to put the property in an express testamentary trust so that terms
> can be elaborated.
>
>
>
> Typically when a layperson says “life estate” they’re basically talking
> about a desire to give the beneficiary the right to live in the house
> rent-free. But who pays mortgage, taxes, insurance, repairs, maintenance?
> What happens if the beneficiary neglects the property and it starts to
> badly degrade? What if someone else moves in with them? Can the beneficiary
> rent the property out?
>
>
>
> Here’s my laundry list of problems I identified in course of litigating
> some years back (in relation to a surviving domestic partner being allowed
> to live at the house after decedent’s death), and thinking about how EP
> could minimize potential issues:
>
>
>
> Will provisions for a post-death occupant of house:
>
>
>
> gift is only a right to occupy and is conditioned on
> fulfilment of all conditions herein. right to occupy is not assignable and
> may not be shared except for casual overnight visiting guests.
>
> gift includes right to occupy without payment of rent
> during pendency of probate, but during pendency of probate the beneficiary
> must cooperate in allowing access to the property to the full extent the PR
> finds it necessary or convenient, at any time, upon 12 hours' oral or
> written notice or no notice in case of emergency.
>
> gift is not a life estate. the gift is intended solely as
> an accommodation to my partner to allow her/him to continue to live at the
> property where we lived together. my intent is for all value of the real
> property to pass to my residue heir subject only to this limited right to
> occupy which has no market value, for the full value of the property to be
> preserved for the residue heir, at occupant's expense during occupancy, and
> without any financial burden on my estate or residue heir during occupancy.
>
> right to occupy is not exclusive as against the estate
> (not residue heir) retains rights to enter and inspect to the same extent
> as a tenant-in-common, and estate may store tangible personal property that
> belonged to decedent at time of death until probate is closed.
>
> right to occupy belongs to partner only and may not be
> extended to any overnight guests for longer than seven (7) days out of any
> six (6) week period; provided, partner may have a paid in-home licensed and
> certified caregiver
>
> occupancy defined as: actually occupying the home on an
> overnight basis for at least five weeks out of every ten weeks [except
> winter snowbird? except up to 90 days if hospitalized or in convalescent
> care?].
>
> estate has a right to maintain exterior surveillance
> cameras and other equipment to keep house secure and monitored.
>
> must pay for reasonable maintenance and repair. scope of
> reasonable maintenance and repair includes without limitation maintaining
> roof secure from leaks; maintenance of exterior envelope against water
> leaks; repair or replacement of refrigerator, oven/range, washer/dryer,
> microwave; regular mowing and trimming of yard and curtilage; [etc.]
>
> must pay all property taxes when due.
>
> must pay all utilities when due.
>
> must pay for and maintain homeowner insurance for full
> replacement value of the house, naming residue heir as insured; shall cover
> for fire, and flooding if necessary, but not responsible for earthquake
> coverage; shall include inflation rider to maintain full coverage; occupant
> to select the company with residue heir's approval, which approval shall
> not be unreasonably withheld.
>
> residue heir has right to direct access to and
> communication with insurer
>
> must pay mortgage?
>
> if estate has insufficient other assets to pay all costs
> of administration and lawful claims against the estate, then estate may
> sell the house and substitute a gift to occupant calculated as $X per year
> by actuarial table of occupant's life.
>
> residue heir to have right to routinely inspect the
> property no more often than semi-annually upon 48' hrs notice to occupant,
> and additional right to enter at any time without notice in emergency to
> preserve property value
>
> residue heir right to receive annual accounting relating
> to payments, maintenance and repair
>
> notice of default and opportunity to cure, residue heir to
> have right to issue
>
> residue heir to have right to use unlawful detainer
> procedure for failure to meet requirements, award of atty fees to
> prevailing party
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
>
> *Covid-19 Update - *All attorneys are working remotely during regular
> business hours and are available via email and by phone. Videoconferencing
> also is available. Signing of estate planning documents can be completed
> and will be handled on a case-by-case basis. Please direct mail and
> deliveries to the Seattle office.
>
>
>
> *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?
>
>
>
> [image:
> uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
>
> *Inge A. Fordham | Attorney*
>
> Fordham Law, PLLC
>
> 3218 Sixth Avenue | Tacoma, WA 98406
>
> Office: (253) 348-2657 | Mobile: (206) 778-3131
>
> www.fordhamlegal.com
> <https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.fordhamlegal.com%2F&data=04%7C01%7C%7C8799fcad24b74c0c929f08da1cd3c8b4%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C637853993521142722%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=y0sCehF%2FIkk3BQVlght4Faw9jM70yPR2UlUyzEgy9JQ%3D&reserved=0>
>
>
>
> *Confidential Communication:* This email is sent to a recipient on behalf
> of an attorney/law firm, and is information intended exclusively for the
> individual, entity or company to which it is sent. This communication may
> contain proprietary, privileged or confidential information or may
> otherwise be legally exempt from disclosure other than to the intended
> recipient. If you are not the named addressee, you are not authorized to
> read, print, retain, copy or otherwise disseminate this message or any part
> of it. If you have received this email in error, please notify the sender
> immediately by email or other communication and delete all copies of the
> message.
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
> <https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbapt&data=04%7C01%7C%7C8799fcad24b74c0c929f08da1cd3c8b4%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C637853993521142722%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=KpqF%2FYbOB%2FcA2YwlyJrgSdQoe6Xp1HBkEJc6FMtWeVc%3D&reserved=0>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220413/464eeb76/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 4728 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220413/464eeb76/image002.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 13930 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220413/464eeb76/image003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 4882 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220413/464eeb76/image004.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 14129 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220413/464eeb76/image005.png>
More information about the WSBAPT
mailing list