[WSBARP] Life Estate Pur Autre Vie

Thu Oct 19 15:48:18 PDT 2017

I just looked into a little further--it's an acknowledged estate and can be created directly by deed, apparently. Am.Jur. cites an Illinois case that I find only tangential to the point. But the citations as to meaning of life estate in general all seem to agree that it's a freehold estate on the life of the grantee or some other person's measuring life. So pur autre vie doesn't seem to be an exceptional condition.

12 Am.Jur. Legal Forms 2d Sec. 166:10 is for a deed for life estate pur autre vie:

"Grantor grants the described real property to [name of life tenant] for the natural life of [name of person other than life tenant]."

28 Am.Jur.2d Estates Sec. 60 says:

An estate held during the life of another person is known as an estate for or during the life of another or an estate pur autre vie.1 An estate per autre vie may arise through the assignment of an estate by a life tenant,2 or may be created by deed or by will, or brought into existence by the provisions of a will, deed, or other instrument under consideration.3

Footnotes
1
East Kentucky Energy Corp. v. Niece, 774 S.W.2d 458 (Ky. Ct. App. 1989); Berrett v. Standard Fire Ins. Co., 166 Md. App. 321, 888 A.2d 1189 (2005), judgment aff'd, 395 Md. 439, 910 A.2d 1072 (2006); Thompson v. Baxter, 107 Minn. 122, 119 N.W. 797 (1909); Thompson v. Gearheart, 137 Va. 427, 119 S.E. 67, 35 A.L.R. 36 (1923).
2
Berrett v. Standard Fire Ins. Co., 166 Md. App. 321, 888 A.2d 1189 (2005), judgment aff'd, 395 Md. 439, 910 A.2d 1072 (2006); Howell v. Howell, 122 Ohio St. 543, 8 Ohio L. Abs. 337, 172 N.E. 528, 71 A.L.R. 1182 (1930).
3
Schaffenacker v. Beil, 320 Ill. 31, 150 N.E. 333 (1925).

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 David Faber
Sent: Thursday, October 19, 2017 2:38 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Life Estate Pur Autre Vie

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

*** 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 error, and destroy the copy you received.***

On Thu, Oct 19, 2017 at 9:06 AM, Eric Nelsen <Eric at sayrelawoffices.com<mailto: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<tel:(206)%20625-0092>
fax 206-625-9040<tel:(206)%20625-9040>

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

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<tel:(360)%20379-4110>

*** 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 error, and destroy the copy you received.***

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