[WSBARP] [WSBAPT] What the heck

[Catherine Clark]

Wow!  Two of my favorites—future interests and French!

I’m with Dwight on this.  A life estate holder may encumber their interest.  And they may lease their interest out.  The associated risk is a matter of time vis-a-vie (see, more French!) the age and/or health of the life tenant.  Shorter is better seems to me.

Of course, those wishing to loan to a life tenant with a deed of trust against the property, even with title insurance, are taking a big risk without the consent of the future interest holder.

Catherine “Cat” Clark
Law Office of Catherine C. Clark PLLC
110 Prefontaine Place South, Ste. 304
Seattle, WA 98104
Phone: (206) 838-2528
Cell: (206) 409-8938
Email: cat at loccc.com<mailto:cat at loccc.com>



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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dwight Bickel
Sent: Thursday, September 01, 2022 11:16 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] [WSBAPT] What the heck

by definition in most cases a life estate means the grantee cannot dispose of his or her interest during life

On the contrary, a life estate holder is free to convey during lifetime.  It’s called “life estate pur autre vie.” The life estate owner may encumber also. I insured a deed of trust for more than a million dollars secured by an apartment building owned by the life estate owner, without joinder by the future estate owner.

Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional
Dwight at DwightBickel.com<mailto:Dwight at DwightBickel.com>
https:/dwightbickel.com
206-484-1976

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