[WSBARP] What estate is this

[Stephen Brandli]

A life estate is not fee simple.  I believe the language is very clear.  Mary has an exclusive estate for her life, and then it goes to Windy.  The life estate can be sold, alienated, rented, etc., but all subject to Windy's remainder interest.  For example, if Mary leases the property, the lease terminates, rather abruptly, upon Mary's death.  If Mary sells the property to John, then John's estate ends on Mary's death.  The life estate holder must pay the property taxes and other expenses during Mary's life.

                Steve

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Thursday, March 18, 2021 4:20 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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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