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Actor Robin Williams passed away in August 2014. Prior to his passing, he established a trust that gave the majority of his estate to his three children. The trust also directed that one of his homes go to his wife for the remainder of her lifetime. This type of transfer is called a life estate.

A life estate allows for the transfer of real property upon a person’s death. One person, called a life tenant, is given an interest in the property for his or her lifetime. The life tenant has a full right to possess the property and may even be able to transfer that interest during their lifetime. At the life tenant’s death, the property passes to another person or entity, called the remainderman.

The life tenant typically assumes financial responsibility for the home, including the payment of utilities, real estate taxes, upkeep, repairs, maintenance and insurance for the duration of the life estate.  Some folks, like Robin Williams, want the estate to pay for these things – which, if not properly planned, can create serious complications with the estate administration.

Mr. Williams’ trust directed that his wife receive “enough money” to maintain the home over the duration of her lifetime. Since a dollar amount wasn’t specified, Mr. Williams’ three children are unable to collect their share of the inheritance because the amount of money needed to maintain the residence for the duration of Mr. Williams’ widow’s life is uncertain.  Mr. Williams’ family is presently in mediation to determine a specific amount to maintain the property for over his wife’s lifetime.  If a solution cannot be determined in mediation, the matter may end up in court.

This is just one example of how a seemingly minor detail can adversely affect your estate plan if not properly drafted.  If you have questions or concerns regarding your estate plan, contact our office for a free consultation.

darren-richardsonContributed by Morris Hall, PLLC Phoenix Estate Planning Attorney, Darren L. Richardson.

What the Attorneys of Morris Hall, PLLC Can Do For You:
The attorneys at Morris Hall have 100’s of years of combined experience ensuring that families’ assets are protected from probate, unnecessary taxes, creditors, ex-spouses and Medicaid spend-down.  Our Arizona offices are located in Phoenix, Mesa, Scottsdale, Carefree, Tucson, Oro Valley, Prescott, Flagstaff and Arrowhead.  Our New Mexico offices are located in Albuquerque, Las Cruces and Santa Fe.  Contact us today at 888.222.1328 to schedule an appointment!

This blog should be used for informational purposes only.  It does not create an attorney-client relationship with any reader and should not be construed as legal advice.  If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation.

 

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