Legal Question in Wills and Trusts in Washington
life estate interpetation and protection
Our mother established a life estate for her husband so he could continue to live in their home in Wash. state, until his death or departure. Then we will take possession of it. The will states that he will maintain it and provide for 100% of upkeep. My brother, the executer, and I would like to find a fair way to monitor said upkeep to protect all parties...given our stepfather's lifestyle prior to his marriage to our mother. He refuses to communicate since her death and we are not permitted access to the home. He refuses to enter into a tenent agreement which I was advised was not legal, anyway. We live out of the area and can not ''perform drive-bys'' as was suggested by the estate attorny. The probate is still not complete...any help?
Paula
2 Answers from Attorneys
Re: life estate interpetation and protection
The stepfather must certainly comply with the terms of the Will. One possible solution is for the executor to inform him that he must maintain the property and that the executor must confirm this periodically. This would at least provide him with a warning that he must keep the property in good condition or risk losing it. After that it is probably up to the executor to hire someone to drive by and periodically inspect -- perhaps once a year. But cost of this would probably have to be paid from the estate and not the stepfather. A lease would not work. He has no legal obligation to enter into a lease.
Re: life estate interpetation and protection
Attorney Busch is correct; you wil have to take steps to monitor the house and land yourselves at the estate's expense.
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