[WSBARP] Anyone know what this ownership interest is called?

Heather Kolbly heather at kolblylaw.com
Tue Apr 21 13:22:25 PDT 2015


Hi All,

 

To make a long story short, Client was left a “life estate” in certain real property “until she dies or decides to move off the property” in her mother’s will.  As I understand it, this is not a true life estate, and the will was drafted incorrectly regarding a life estate.  We are thinking of trying a TEDRA Agreement with other beneficiaries to address ownership interests in the property.  Client wants to be able to live on the property as long as she wants and sell it if and when she wants, and to do away with the notion of life estate (so, she basically wants the second part of what’s stated in the will above honored, and not the life estate part).   Does anyone out there know what this type of property ownership interest is called?  It’s ownership, but with restrictions.  I have never seen anything like this, and I’m not convinced it can be done outside of a trust.   I am also thinking the title company will not approve of this.  Any thoughts?

 

Thanks for any help you can offer,

 

Heather Kolbly

 

 

Heather Tobin Kolbly

Mobile Attorney 

KOLBLY LAW FIRM, P.C.

Mail:  704 228th Ave. NE #122, Sammamish, WA  98074

Office:  (425) 522-4234 s Cell:  (425) 444-1888 

 <mailto:Heather at KolblyLaw.com> Heather at KolblyLaw.com

 <http://www.kolblylaw.com/> www.KolblyLaw.com

                           

CONFIDENTIALITY: This e-mail and its attachments are confidential and may be protected by attorney/client privilege, work product doctrine, or other nondisclosure protection. If you are not the intended recipient of this e-mail, please contact the sender immediately; you may not read, disclose, print, copy, store or disseminate the e-mail or any attachments or any information contained therein.

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with new requirements of the Internal Revenue Service, we inform you that, to the extent any advice relating to a Federal tax issue is contained in this communication, including any attachments, it was not written or intended to be used, and cannot be used, for the purpose of (a) avoiding any tax related penalties that may be imposed on you or any other person under the Internal Revenue Code, or (b) promoting, marketing or recommending to another person any transaction or matter addressed in this communication.

 

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20150421/6b1bc0f3/attachment.html>


More information about the WSBARP mailing list