Detailed Answer

This article explains the rights of a life tenant under Washington law and clarifies how a remainder interest vests when a will designates a remainderman. It is for educational purposes only and does not constitute legal advice.

What Is a Life Estate?

Under Washington law, a life estate is a non-possessory interest in real property that lasts for the duration of an individual’s life (life tenant). The life tenant enjoys rights of use and possession but does not hold the fee simple absolute. At the life tenant’s death, the property passes to one or more remaindermen as outlined in the will.

Key Rights and Duties of the Life Tenant

• Possession and Use: The life tenant may occupy the property, collect rents, and use resources (e.g., timber or crops) during his or her lifetime.
• Income and Profits: All income generated by the property (rent, farming proceeds, etc.) belongs to the life tenant.
• Maintenance and Repairs: The life tenant must maintain the property in good condition and avoid committing waste (actions that harm the long-term value).
• Taxes and Assessments: The life tenant is responsible for payment of property taxes, assessments, and insurance premiums.
• Transfer Limitations: The life tenant may sell or lease only the life estate interest—not the underlying fee simple. Buyers receive only the life tenancy for the tenant’s remaining life.

Creation and Recording

Life estates often arise by deed or by will. When created by deed, Washington law requires that the grantor hold at least a lesser estate in fee simple (RCW 64.04.020) and that the deed be recorded with the county auditor.

Remainder Interests in a Will

When a testator grants a life estate in a will, the document names one or more remaindermen—individuals or entities who receive the property when the life tenant dies.

Vested vs. Contingent Remainders
A remainder interest is vested if the remainderman is identified and entitled to take without any additional condition. It is contingent if it depends on an event or survival of the remainderman past a specific date.

Anti-Lapse Protections
Under Washington’s anti-lapse statute, a gift to a remainderman who is a descendant of the testator and who fails to survive the life tenant by at least 120 hours will not lapse if certain family-lineal relationships exist. Instead, the interest passes to the deceased remainderman’s descendants by representation (RCW 11.04.065).

Unless a will specifies otherwise, any remainder interest vests automatically on the life tenant’s death. If no valid remainderman exists, the property falls into the residuary estate and passes under the residuary clause or, if none, under Washington’s intestacy rules (RCW 11.04.010).

Potential Pitfalls

• If the life tenant commits waste, the remainderman may seek injunctive relief or damages in Superior Court.
• Contingent remainders may fail, creating a gap (or springing interest) that could revert temporarily to the estate until a valid taker is identified.
• Failure to record competing interests can cloud title and expose parties to litigation.

Helpful Hints

• Consult an attorney to draft clear deed or will language establishing life estates and remainders.
• Record any deed creating a life estate promptly with your county auditor.
• Review tax and insurance obligations to avoid liens against the property.
• Monitor any conditions attached to contingent remainders to ensure timely compliance.
• If disputes arise, file in the Superior Court in the county where the property is located.

Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a licensed attorney to address your specific situation.