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

[David Faber]

You continue to be a fantastic resource on these quirky life estate
questions, Eric. Thank you much! Your analysis makes good sense to me. I
will take the issue back to my client!

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

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On Wed, Nov 1, 2017 at 1:22 PM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> I think your client either has to give up on the secrecy, or give up on
> using a deed with life estate reservation and handle it via a trust or
> something similar. Privacy and deed recording don't go well together.
>
>
>
> I think the proposed language varies from the standard deed format in a
> way that might cause a problem. I am nervous about the use of "quitclaim
> and convey" twice in the same deed. It sounds too much like two
> conveyances, once of which isn't intended to take place immediately, which
> violates requirements of a valid deed.
>
>
>
> I don't think the responsibility for property taxes has this strong an
> effect on the EP goals here. By law, the holder of a life estate is
> responsible for property taxes. The life tenant is bound to keep the
> premises in repair and to pay taxes but is under no obligation to make
> improvements. *In re Brooks' Estate*, 44 Wn.2d 96, 265 P.2d 833 (1954); *McDowell
> v. Beckham*, 72 Wash. 224. And as a practical matter, you can get the tax
> bill sent to whomever you want, by filling out Box 3 of the REET Affidavit.
>
>
>
> I would be inclined to stick to the traditional language for a life estate
> reservation, something like:
>
>
>
> "Grantor quitclaims and conveys the real property to Remaindermen, as
> Tenants-in-Common, reserving unto Grantor a life estate pur autre vie for
> the full natural life of Grantor's Father."
>
>
>
> But that still means you need the remaindermen to sign the REET Affidavit,
> which obviously alerts them to the transaction.
>
>
>
> The desire for secrecy may defeat this method entirely, because you must
> have *delivery* of the deed to the Grantees anyway, regardless of whether
> or not they sign the REET Affidavit.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1417 31st Ave South
>
> Seattle WA  98144-3909
>
> phone 206-625-0092 <(206)%20625-0092>
>
> fax 206-625-9040 <(206)%20625-9040>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] *On Behalf Of *David Faber
> *Sent:* Wednesday, November 01, 2017 12:17 PM
> *To:* wsbarp
> *Subject:* [WSBARP] Life Estate Pur Autre Vie - A Follow-Up Re: Deeding
> Language
>
>
>
> 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
>
>
>
> *** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.
> This communication may contain privileged or other confidential
> information. If you are not the intended recipient, or believe that
> you have received this communication in error, please do not print,
> copy, retransmit, disseminate, or otherwise use the information. Also,
> please indicate to the sender that you have received this communication in
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>
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