[WSBARP] What was transferred.

[Kary Krismer]

My only thought is it was possibly intended to deal with the mother's 
current marriage, to make it clear the life estate is separate 
property.  Absent the current husband joining in the deed I doubt it 
accomplished that, and if there is a current husband there might be 
other concerns if he didn't join in as grantor.

Whatever it means, the transaction should probably be undone and then 
done properly, in some way that would minimize possible REET.

Kary L. Krismer
206 723-2148

On 11/16/2022 9:46 AM, Jeff at bellanddavispllc.com wrote:
>
> 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*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
> www.bellanddavispllc.com <http://www.bellanddavispllc.com/>
>
> The information contained in this e-mail message may be privileged, 
> confidential, and protected from disclosure. If you are not the 
> intended recipient, any dissemination, distribution, or copying is 
> strictly prohibited. If you think that you have received this e-mail 
> message in error, please e-mail the sender at 
> info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>or call 
> 360.683.1129.
>
> **
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20221116/a62d947f/attachment.html>