[WSBAPT] Life Estate resources

[Eric Nelsen]

Agree with Tom and Phil. I have litigated this and there ain't no bright-line authority; it's an equity free-for-all over ownership percentages, burden of property tax and insurance and repairs costs, what's a repair versus an improvement, etc. The WSBA Real Property Deskbook is the best starting resource I have found for further research.

The whole issue of partition, already difficult with fee owners, is drastically complicated by the life estate-the exact parameters of the life estate and its value is difficult to ascertain except on highly assumption-biased "evidence" such as actuarial life expectancy, future rent replacement value net of future projected expenses, and reduction to present value. Then balancing that hypothetical value against the remainder interests of the fee owners and finding an equitable division of sale proceeds among them all....See RCW 7.52.300 et seq., which are lovely rhetoric from Washington's territorial days but aren't much guidance. The full implications of RCW 7.52.320 I can't imagine, since it implies that the life estate holder's share is deposited with the court for purposes of investment and not given to them outright.

I also wouldn't assume that the interest is actually a "life estate" in the classical freehold estate sense, because in my experience it almost always isn't. Unless there's a deed that expressly conveys a "life estate" without other conditions there are almost always limiting factors that make it something less than a true life estate, which also decrease its value on partition.

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>

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From: wsbapt-bounces at lists.wsbarppt.com <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>
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
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, Zoom, Microsoft teams or in person meeting, please call or email my paralegal theresa at glgmail.com, angelina at glgmail.com<mailto:theresa at glgmail.com,%20angelina at glgmail.com> or dainagray at glgmail.com<mailto:dainagray at glgmail.com>.  Co-counsel Anna Thompson can be reached at anna at glgmail.com<mailto:anna at glgmail.com>.

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