[WSBARP] What was transferred.

[Eric Nelsen]

I agree. A TOD deed would have accomplished what I think was intended. I think Grantor has basically managed to cloud her own title.

If it were litigated in detail I suppose there might be a conclusion that some tangential interest ended up being vested in the remaindermen. I think it would take a close analysis of what specific rights are conveyed by bargain and sale, and then subtracting the life estate rights reserved by grantor, and then subtracting the rights that are expressly reserved by the habendum. Honestly, I'm not sure what it would be, though. Grantor has reserved lifetime possession plus all rights to encumber and to alienate, which doesn't leave much. And saying she reserves "all rights to the same extent as if she were sole owner" pretty much means she remains sole owner.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, November 16, 2022 9:46 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] What was transferred.

This has to be a law school question.  Mom transfers her real property to her children, reserving in herself a life estate.  The Bargain and Sale Deed goes onto to say:

"Further Reserving unto Grantor for Grantor's life the full power and right, in Grantor's absolute discretion, by her act and signature alone to sell, convey, lease, mortgage, encumber or otherwise to manage and dispose of the Property, or any portion thereof, and the proceeds therefrom, to the same extent and in the same manner that Grantor would enjoy if the Property were Grantor's sole and separate property."

Seems to me nothing was transferred; It seems like a weird type of transfer on death deed.  Your thoughts.

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
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email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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