[WSBARP] [WSBAPT] Any suggestions or thoughts on how to preserve a family's wishes for the care of a property?

Thu Feb 15 17:08:27 PST 2024

Paul, you can take all of my upvotes for this post. Plus extra credit for
the Monty Python quote. Well said.

*Brett T. Sullivan*
Attorney at Law
Partner

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On Thu, Feb 15, 2024 at 4:56 PM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> In the words of Monty Python “RUN AWAY - RUN AWAY!!!!”
>
>
>
> Or better yet, here is a response on the listserv to a similar question
> about a family cabin in 2019:
>
>
>
>
>
> “There ain't no such animal, but I just love that client's request. "I
> want you to make an agreement to cover every contingency and avoid any
> conflicts between me and my 14 relatives who all own 7% of the family
> cabin, and we all have different ideas about how to use it and when, and I
> haven't spoken to cousin Bob for 10 years but he's going to have an
> interest as well and I just want him to pay his fair share even though Bob
> is just a sponger and never contributes money, and he shouldn't be allowed
> to use the cabin unless he pays his share but he should still have his
> interest though we should be able to take it away from him if he doesn't
> cooperate, though Bob's son is a good guy and we'd probably transfer it to
> him, except we don't want Bob's wife to ever have an interest so it needs
> to be kept as separate property."
>
> "Oh, and it needs to be simple, just a few pages. I don't want some 27
> page document full of lawyer talk."
>
> And then, usually,
>
> "Eight hundred dollars! That is way too much for such a simple document."
>
> For what it's worth:
>
> NOLO Press has a "Saving the Family Cottage" book that might help the
> client recognize that they can have a simple agreement or an effective one,
> but not both.
>
>
>
>
>
>
>
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>
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *msafren at jennylinglaw.com
> *Sent:* Thursday, February 15, 2024 4:16 PM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>; 'WSBA
> Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBARP] Any suggestions or thoughts on how to preserve a
> family's wishes for the care of a property?
>
>
>
> Hello Listservs,
>
>
>
> I’ve been asked by a family that owns a property to help them manifest
> their wishes to sustain and preserve a house and real estate in accordance
> with their wishes that the property stay within the family for the next
> generation’s use and so on.
>
>
>
> The family has two adult children who don’t live or use the property
> currently, but the family wants to have some control over how the property
> is used, cared for, and kept in the family for future generations, without
> being too inflexible that it creates a problem for the surviving
> generations.
>
>
>
> I’ve thought about placing the property into a trust, but that may be too
> inflexible and a certain point would need to be distributed out to future
> generations.
>
>
>
> We’ve thought about creating an LLC and having an operating agreement that
> sets forth the principles and rules as to how to care and control the
> property, but future generations can just amend the operating agreement and
> remove any of the rules that restrict the use or mandate the care for the
> property.
>
>
>
> If anyone has any suggestions or ideas, I’m open to all input.
>
>
>
> Thank you in advance!
>
>
>
> Kind regards,
>
> *Michael S. Safren, Esq.*
> *Attorney at Law*
>
>
>
> 14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
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