[WSBARP] Life Estate Pur Autre Vie

[David Faber]

Thank you for emailing me back, Eric. I emailed the list because I couldn't
find a single piece of caselaw on Westlaw, but Washington Practice does
reference the *pur autre vie* form as being valid. My biggest concern was
the same that you have: whether it is possible for former partner's
daughter to create from *fee simple* a new life estate for herself
measuring against her father's life. On its face, I don't see why a vested
gift of a future interest would not be legitimate, but this being the first
time I would have even *heard* of someone actually creating a life estate *pur
autre vie* in Washington, I am just a bit gun-shy. I would love to hear
from anyone else on the list who has run across this situation.

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

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On Thu, Oct 19, 2017 at 9:06 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> 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 <(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 *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 <(206)%20625-0092>
>
> fax 206-625-9040 <(206)%20625-9040>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com <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
>
>
>
> *** 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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