[WSBARP] Life Estate Pur Autre Vie - A Follow-Up Re: Deeding Language

[David Faber]

List,

I wrote a few weeks back about me creating a new life estate pur autre vie
and the responses I got both from the list and attorneys in my world were
all positive, so I am moving forward with the process of actually drawing
up the deeding instrument. Typically, in my experience, the reservation of
a life estate takes the form of GRANTOR quitclaims and conveys to GRANTEE
(Remainderman) all right and title in the real property but then reserves
to him/herself a life estate for the natural life of the GRANTOR. Here, we
have some complexities that make that structure a little odd.

Firstly, the Grantor, who would be reserving the life estate to herself but
measuring against her father's natural life, will be continuing the payment
of property taxes, and dealing with the REET Affidavit means that I need to
be able to maintain the existing Grantor as the Grantee for purposes of
property taxes.

Secondly, the Remainderman (or, as the case is, the Remainderpersons, who
are two persons who will eventually receive title as Tenants-in-Common) do
not know about this transfer and all parties want to keep it that way. This
is ultimately nothing more than an estate planning tool.

Together, this is leading me to want to deed the property a bit differently
than the typical process. My instinct is telling me to write the deeding
language like this:

"Grantor quitclaims and conveys the real property to Grantor in the form of
and reserving to herself a life estate *pur autre vie *for the full natural
life of Grantor's Father, and then upon the death of Grantor's Father, does
quitclaim and conveys in *fee simple *the real property to Remaindermen, as
Tenants-in-Common."

This would appear to accomplish my goals of both ensuring that the taxes
are handled exactly as they are currently being handled and would preserve
the Remainderpersons from being party to this transaction at all for the
time being. Does my deedling language sound sufficient to other people on
the list?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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