[WSBARP] Deed Conveying Fee Simple Determinable

[Matt Yates]

Listmates:
Estate planning client wishes to leave his real property to his wife so long as she continues to reside there and then it reverts to client's only daughter.  It is only client on title to real property.  Wife is not mother of client's daughter and wife is agreeable to client's intent.  In fact, wife made clear that she intends to move if maintaining the real property becomes a burden provided she survives client.  Thinking ahead, I am trying to figure out how Personal Rep's deed should read when the time comes for probating client's estate.  I can certainly articulate the "to wife so long as she continues to reside there" part but I must admit I have never given much thought to the reversionary interest.  Is there a particular way I should word the reversionary interest so as to avoid pitfalls or confusion?

This may be seeking an answer from the title company folks that frequent the listserve since that may be the ultimate answer to the question which is, what will title company insure if wife moves out and client's daughter wants to sell?

If you are willing to share, any examples are welcome.
Thanks,
Matt

Matthew D. Yates
Attorney at Law
Yates Marshall, PLLC
10000 NE 7th Avenue, Suite 200
Vancouver, WA 98685
Phone: (360) 449-6100
Fax: (360) 449-6111
matt at englishandmarshall.com
www.yatesmarshall.com

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