[WSBAPT] Life Estate resources

Tue Mar 28 10:08:41 PDT 2023

I would agree with Tom.  I would think (without doing any legal research whatsoever) that the life estate would be an unreasonable restraint on alienation for the other property owner.

Best,
Candace Wilkerson

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Tom Westbrook
Sent: Tuesday, March 28, 2023 12:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Life Estate resources

Dalynne,

Check the WSBA Real Estate Deskbook. But I suspect partition is where you will end up.

Sincerely,

Tom

Thomas J. Westbrook
Attorney at Law

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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 Dalynne Singleton
Sent: Tuesday, March 28, 2023 9:39 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Life Estate resources

I am looking for life estate resources.  Anyone have a good primer or updated briefing on life estates?
I found nothing in WA Law of Wills, Estate Planning or Probate WA Probate Deskbooks.

My client (A) was provided a life estate in the mother’s home after death along with his brother (C) in his mother’s Will.  The home is owned 50% by another brother (B).
They are not on the same page at all.  A lives in the home, C moved recently and B is threating partition for sale.  A does not want to move and wants to honor his mother’s wishes for him to be able to live there until he dies.

Thank you.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
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