[WSBARP] What estate is this

[Andrew Hay]

I would say life estate to Mary, remainder to Windy.

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net/>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
253.272.2400 (w)
253.377.3085 (c)
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Thursday, March 18, 2021 4:20 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] What estate is this

I think Mary owns fee simple during her life; she can rent it or give away her life estate; when she dies it goes to the stated residuary bf.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of K. Garl Long
Sent: Thursday, March 18, 2021 4:11 PM
To: WSBA RPPT Real Property Discussion Forum <wsbarp at LISTS.WSBARPPT.COM>
Subject: [WSBARP] What estate is this


Long time caretaker promised real property by decedent in payment for providing care.  Decedent's will provides:

"If she survives me, I hereby give, devise and bequeath to Mary for her life, and then to Windy, the farm property legally described as ..."

Does Mary receive in fee simple, an estate measured by her life (which she can alienate), a life estate for which she can collect income (but does not have to pay expenses), or some other possessory estate?

Or perhaps the scrivener just meant that if Mary did not survive the decedent it should go to Windy?

You thoughts most valued and appreciated,

Garl
--

Law Offices of K. Garl Long - Mount Vernon, Washington - (360) 336-3322

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