[WSBAPT] Real Property Bequest Subject to Life Estate

[Jayne Gilbert]

Test

On Wed, Apr 13, 2022 at 5:51 PM Jayne Gilbert <jgilbertatty at gmail.com>
wrote:

> 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]
>>
>>
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>>
>>
>>
>>
>>
>> *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>
>>
>>
>>
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