[WSBAPT] Deed Reserving a Life Estate

[Allen Draher]

Thank you so much, Eric.

Allen Draher

Law Office of Allen Draher, PLLC
9108 Fauntleroy Way S.W.
Seattle, WA 98136-2617

ph   206-484-8212
allen at draherlaw.com<mailto:allen at draherlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Thursday, April 20, 2023 10:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Deed Reserving a Life Estate

Setting aside the many concerns and problems with someone having a life estate and the advisability of creating one-I agree with Phil Jones!--I don't think reserving a classical life estate is complicated. You would use a standard deed form-statutory warranty or bargain & sale or quitclaim, whatever-and use basic conveyance language to Grantee, with "subject to and reserving a life estate for Grantor" added. Here's an excerpt from Washington Real Property Deskbook Volume 3: Real Property Interests & Duties of Third Parties - Chapter 1.3 (4th ed. updated 2015):

(1) Life estates

Future Interests-Reversion (in Grantor)
Remainder (in Third Party)
Vested Completely
Subject to Open
Subject to Complete Defeasance (Executory Interests)
Contingent

"O to A for life"
"O to A for life, then..."

This is the shortest freehold estate and, as its title indicates, it is a freehold estate for the grantee's (or someone else's) life only. The most common usage to create a life estate is "to A for her life." More often than not, a simple conveyance "to A for life" will create a life estate measured by A's life rather than that of the grantor.

The presumption of English law was that if words of inheritance were not used, the conveyance was of a life estate only. The need to use "and her heirs," or like language, was eliminated by statute. RCW 64.04.060. Continued use of that language may create problems. See §1.4(7).

A life estate terminates with the death of the life tenant (or the death of the measuring life). Parr v. Davison, 146 Wash. 354, 262 P. 959 (1928). In relationships with neighboring landowners (e.g., nuisance, support), the life estate has the same characteristics as the fee simple absolute. The life tenant has the right to undisturbed possession. A life tenant who commits waste may be subject to a suit for damages or an injunction on behalf of the remainderman. By statute in Washington, the life tenant committing waste is liable for damages to "any person injured thereby"; in addition, the court may decree a forfeiture. RCW 64.12.020; see McDowell v. Beckham, 72 Wash. 224, 130 P. 350 (1913). See also Volume 4, Chapter 5 (Waste), of this deskbook.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto: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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Allen Draher
Sent: Thursday, April 20, 2023 10:17 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Deed Reserving a Life Estate

Good Morning, Does anyone have a template for a deed reserving a life estate to the grantor that they are willing to share?  I haven't run into this before in my practice.  Thank you, Allen

Allen Draher

Law Office of Allen Draher, PLLC
9108 Fauntleroy Way S.W.
Seattle, WA 98136-2617

ph   206-484-8212
allen at draherlaw.com<mailto:allen at draherlaw.com>

__________________________________________________________

NOTICE:  This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law.  If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.  Thank you.
__________________________________________________________

To comply with IRS regulations, we are required to inform you that this message, if it contains advice relating to federal taxes, cannot be used for the purpose of avoiding penalties that may be imposed under federal tax law.

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