[WSBARP] What estate is this

[K. Garl Long]

Thank you all.


On 03/18/2021 05:26 PM, Stephen Brandli wrote:
> Law Offices of K
>
> 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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