[WSBAPT] Will Question - life estate

Sat Sep 10 11:16:56 PDT 2022

Hi Dalynne,

You are not overthinking this.  The life estate is a simple concept, but are the subject of many issues which arise in the years following the conveyance.

If you decide to create the life estate for your client(s), then I suggest that you survey the case law of litigation between life estate holders and the persons with a remainder interest. Organize the litigation into subdivisions such as economic waste (failure to maintain the property), damages (house burns down and the life tenant and the remainderman each mistakenly thought that the other had it insured), allocation of short-term vs long term repairs for an elderly life tenant, many other issues.  After you have catalogued the areas of disputes, then review each area with the client and what to draft for each area.  I think that's the best that we as lawyers can do.

Important caveat: When the client says "Oh, my [spouse], [issue], [others] would never do that." Remind the client that that any of the players may change and have no control over the issue.  An example would be that a trusted family person has a stroke or a head injury and ends up with a Conservator or a GAL who is ready to litigate over some past event. The client's focus during the consultation should be shifted from the trusted family member to strangers who may stand in their shoes at some point.

Good luck!

  Bruce Moen

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Saturday, September 10, 2022 10:24 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Will Question - life estate

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/>
As we face the challenges presented by COVID-19, Attorney/client meetings will be handled by teleconference or virtually whenever possible.  I am working remotely and available by email, telephone, in-person or zoom.  If you would like to set a conference with me, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com>, angelina at glgmail.com<mailto:angelina at glgmail.com> or cameron at glgmail.com<mailto:cameron at glgmail.com>.
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