[WSBARP] What estate is this

[Tom Westbrook]

Law Offices of K

Hello Garl,



I would have the PR convey the property to Windy reserving a life estate in
Mary. Hopefully Mary has some way to pay the costs of the life estate.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law





Rodgers Kee Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502



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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *K. Garl Long
*Sent:* Thursday, March 18, 2021 5:46 PM
*To:* wsbarp at lists.wsbarppt.com
*Subject:* Re: [WSBARP] What estate is this



Thank you all.



On 03/18/2021 05:26 PM, Stephen Brandli wrote:

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> <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>
<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 <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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