[WSBAPT] Life Estate resources

[Diane J. Kiepe]

Curious if anything was sent in follow up to this.  A partition would be very difficult by B I would think because any sale is subject to a 50% Life Estate Interest, if I understand the facts below.

That being said, A, if he remains would owe B fmv rent/expenses if mom died  only owing ½.  If however mom died and left the LE with remainder to B, I don't think B can partition - he can try to sell his remainder interest.  I am just talking off the cuff here and  not sure I have facts correctly but it's a shame either way.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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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