Property Question, need help!!

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kruiz88
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Property Question, need help!!

Postby kruiz88 » Sun Mar 11, 2012 3:05 pm

Thanks!
Last edited by kruiz88 on Sun Mar 11, 2012 11:33 pm, edited 2 times in total.

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kruiz88
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Re: Property Question, need help!!

Postby kruiz88 » Sun Mar 11, 2012 7:16 pm

Well if no one else can answer it either, I don't feel so bad!

clintone88
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Re: Property Question, need help!!

Postby clintone88 » Sun Mar 11, 2012 7:45 pm

Isn't this vested remainder subject to open to the daughter and husband? Because the term "husband" doesn't specify one person, and it might have changed by time the life estate of the sisters is over? Maybe I'm wrong though.

nelaw2010
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Re: Property Question, need help!!

Postby nelaw2010 » Sun Mar 11, 2012 8:08 pm

kruiz88 wrote:O grants his mother life estate, remainder to his 3 sisters for their joint lives, remainder at the death of last surviving sister to his daughter, X, and her husband.

Mother= life estate
Sisters= vested remainder subject to divestment - inherent limitation (they have to outlive mother)
Daughter= ?
Husband=?

Also, if 3 sisters die before mother, can daughter still get property at death of grandma through the will, or will it just pass through the estate to her.

Thanks!


Mother = Life Estate
Sisters = Vested Remainder in a life estate (I don't think it's subject to divestment (STD) --> since STD is a condition subsequent that could prevent remainder from becoming possessory). In this case, the end of their lives does not constitute a condition subsequent, unless it read: O grants his mother life estate, remainder to his 3 sisters for their joint lives, but if the sisters do not survive mother, then...
Daughter/Her Husband =Vested Remainder subject to open in Fee Simple Absolute (not clear if X is married).

No Executory Interests here, because no conditions that could cut the prior estate short.

nelaw2010
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Re: Property Question, need help!!

Postby nelaw2010 » Sun Mar 11, 2012 8:12 pm

kruiz88 wrote:O grants his mother life estate, remainder to his 3 sisters for their joint lives, remainder at the death of last surviving sister to his daughter, X, and her husband.

Mother= life estate
Sisters= vested remainder subject to divestment - inherent limitation (they have to outlive mother)
Daughter= ?
Husband=?

Also, if 3 sisters die before mother, can daughter still get property at death of grandma through the will, or will it just pass through the estate to her.


If the 3 sisters die before mother, the estate goes to the daughter. I'm not clear what you mean when you ask: "can daughter still get property at death of grandma through the will, or will it just pass through the estate to her."

Did O devise this via a will?

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kruiz88
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Postby kruiz88 » Sun Mar 11, 2012 9:13 pm

.
Last edited by kruiz88 on Sun Mar 11, 2012 11:34 pm, edited 1 time in total.

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kruiz88
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Re: Property Question, need help!!

Postby kruiz88 » Sun Mar 11, 2012 9:28 pm

clintone88 wrote:Isn't this vested remainder subject to open to the daughter and husband? Because the term "husband" doesn't specify one person, and it might have changed by time the life estate of the sisters is over? Maybe I'm wrong though.


Thanks for responding! Initially this is what I thought, but I believe he is a ascertainable person. He was married to the daughter when she named in the will, and as the sole person who could have fit the category of daughters husband when the will became effective, it is as if he was named. At least this is what I believe.

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johansantana21
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Re: Property Question, need help!!

Postby johansantana21 » Sun Mar 11, 2012 11:22 pm

nelaw2010 wrote:
kruiz88 wrote:O grants his mother life estate, remainder to his 3 sisters for their joint lives, remainder at the death of last surviving sister to his daughter, X, and her husband.

Mother= life estate
Sisters= vested remainder subject to divestment - inherent limitation (they have to outlive mother)
Daughter= ?
Husband=?

Also, if 3 sisters die before mother, can daughter still get property at death of grandma through the will, or will it just pass through the estate to her.

Thanks!


Mother = Life Estate
Sisters = Vested Remainder in a life estate (I don't think it's subject to divestment (STD) --> since STD is a condition subsequent that could prevent remainder from becoming possessory). In this case, the end of their lives does not constitute a condition subsequent, unless it read: O grants his mother life estate, remainder to his 3 sisters for their joint lives, but if the sisters do not survive mother, then...
Daughter/Her Husband =Vested Remainder subject to open in Fee Simple Absolute (not clear if X is married).

No Executory Interests here, because no conditions that could cut the prior estate short.


I'll +1 this but not 100% sure.

The sister's interests are not a subject to divestment. If you read the language, they get a vested remainder in a life estate not subject to a condition precedent or a condition subsequent. If they die, of course they don't get a life estate, but that's because there is a natural termination and not a divestment.

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kruiz88
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Re: Property Question, need help!!

Postby kruiz88 » Sun Mar 11, 2012 11:32 pm

johansantana21 wrote:
nelaw2010 wrote:
kruiz88 wrote:O grants his mother life estate, remainder to his 3 sisters for their joint lives, remainder at the death of last surviving sister to his daughter, X, and her husband.

Mother= life estate
Sisters= vested remainder subject to divestment - inherent limitation (they have to outlive mother)
Daughter= ?
Husband=?

Also, if 3 sisters die before mother, can daughter still get property at death of grandma through the will, or will it just pass through the estate to her.

Thanks!


Mother = Life Estate
Sisters = Vested Remainder in a life estate (I don't think it's subject to divestment (STD) --> since STD is a condition subsequent that could prevent remainder from becoming possessory). In this case, the end of their lives does not constitute a condition subsequent, unless it read: O grants his mother life estate, remainder to his 3 sisters for their joint lives, but if the sisters do not survive mother, then...
Daughter/Her Husband =Vested Remainder subject to open in Fee Simple Absolute (not clear if X is married).

No Executory Interests here, because no conditions that could cut the prior estate short.


I'll +1 this but not 100% sure.

The sister's interests are not a subject to divestment. If you read the language, they get a vested remainder in a life estate not subject to a condition precedent or a condition subsequent. If they die, of course they don't get a life estate, but that's because there is a natural termination and not a divestment.


Thanks!




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