[WSBAPT] Will Question - life estate

[Dalynne Singleton]

I have some Wills I am preparing and wanted to see how others might approach this situation.
Clients are married (wife 4th marriage, husband 1st).  Wife has one grown son, Husband had no children.
H/W own a home on Camano Island jointly.  They both want son to receive home when second spouse dies.  But, when first spouse dies, H or W will continue to reside in home until they move or die, or house is sold.

I am considering recommending a life estate transfer of the home to the son with life estate in H/W.  Both H/W in their 60s and health is good.
This seems better than placing the CP interest of the first spouse into a trust for the benefit of the surviving spouse where upon the 2nd spouse to die death, the house goes to son.
If house is sold before 2nd spouse dies, CP interest monies will be paid to the son.

The fear is from the wife if she dies first, her husband will remarry and not provide son with her share of CP home - doesn't life estate to both H/W with deed to son handle this issue?
What if after deed with life estate, H/W sell home?  Will the son then be entitled to any monies from sale?  How to protect the H/W in this case?
Am I overthinking this?

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.1717  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
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