[WSBARP] Life Estate Pur Autre Vie

[Eric Nelsen]

Another thought--on re-reading your scenario, I don't know if it's possible to create a life estate pur autre vie as an initial matter. Usually it's created by conveyance to the grantee measuring life (or reservation to the grantor who is the measuring life), and then the estate holder transfers the life estate to another. Usually what can be done in two steps is also allowed in a single step, but I haven't seen that particular scenario.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Wednesday, October 18, 2017 5:18 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Life Estate Pur Autre Vie

I haven't done one but so far as I'm aware it's a valid estate in Washington; life estates are definitely permitted here, and are transferable, so pur autre vie must be allowed as well. If you find case law on it, please post to list!

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Wednesday, October 18, 2017 4:29 PM
To: wsbarp
Subject: [WSBARP] Life Estate Pur Autre Vie

Hey folks! I got an interesting one today. My client gave her former partner her interest in their family home when they broke up. The former partner then quitclaimed the home to his daughter, mostly for medicaid planning purposes. The former partner and daughter now are interested in ensuring that, upon former spouse's death, my client's receive title to the family home, with the caveat that the former partner does not want the kids to know that they're going to get the family life estate pur autre vie.

Basically: former partner's daughter quitclaims a life estate in the family home to herself with my client's kids as the remaindermen and the measuring life being the former partner. I haven't run across a life estate pur autre vie in my practice, only really remembering them from law school.

Has anyone done anything like this in Washington State? As far as I can tell, the pur autre vie is valid in Washington State, but considering this would be my first blush with this form of title, I want to hear from practitioners who may have personal experience.

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

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