Urgent Property Conveyance Question

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
rli66
Posts: 103
Joined: Sun Oct 31, 2010 11:09 pm

Urgent Property Conveyance Question

Postby rli66 » Mon Apr 30, 2012 1:17 pm

A conveys to M for life, then to M's children and their heirs, but if at M's death she is not survived by any children, then to D and his heirs.

At time of conveyance, M has no children, but five years later, she has two children E and J. E predeceases M, but J survives M.

My only question is that does E's heirs get a cut?

M's kids have alternative contingent remainders, I understand, but if only one of the kids survive, does the other kid who did not survive still get a cut because at least one survived? Or is this a situation where it does not vest until M's death and only in the surviving kids.

Thanks

rli66
Posts: 103
Joined: Sun Oct 31, 2010 11:09 pm

Re: Urgent Property Conveyance Question

Postby rli66 » Mon Apr 30, 2012 1:19 pm

Also similar question -

O conveys to T for life, then to A, but if A is childless at T's death, then to H and her heirs.

Alternative contingent remainders or vested remainder subject to complete divestment?

User avatar
Detrox
Posts: 411
Joined: Fri Aug 19, 2011 3:58 pm

Re: Urgent Property Conveyance Question

Postby Detrox » Mon Apr 30, 2012 4:50 pm

rli66 wrote:Also similar question -

O conveys to T for life, then to A, but if A is childless at T's death, then to H and her heirs.

Alternative contingent remainders or vested remainder subject to complete divestment?


Edit: Jessuf is right on this one.

Edit: If I had to guess at your 1st one, I'd say J gets the entire portion with no cutting. Although this is probably an example where it's so close that recognizing argument for both sides is more important than the actual result.
Last edited by Detrox on Mon Apr 30, 2012 6:28 pm, edited 1 time in total.

User avatar
jessuf
Posts: 12579
Joined: Tue Mar 22, 2011 8:27 pm

Re: Urgent Property Conveyance Question

Postby jessuf » Mon Apr 30, 2012 5:14 pm

rli66 wrote:A conveys to M for life, then to M's children and their heirs, but if at M's death she is not survived by any children, then to D and his heirs.

At time of conveyance, M has no children, but five years later, she has two children E and J. E predeceases M, but J survives M.

My only question is that does E's heirs get a cut?

M's kids have alternative contingent remainders, I understand, but if only one of the kids survive, does the other kid who did not survive still get a cut because at least one survived? Or is this a situation where it does not vest until M's death and only in the surviving kids.

Thanks


Yes, I'm pretty positive E's heirs get a share. If it said "then to M's children who survive M," it would be different.

rli66 wrote:Also similar question -

O conveys to T for life, then to A, but if A is childless at T's death, then to H and her heirs.

Alternative contingent remainders or vested remainder subject to complete divestment?


T has life estate, A has vested remainder subject to complete divestment, H has a shifting executory limitation.

User avatar
jessuf
Posts: 12579
Joined: Tue Mar 22, 2011 8:27 pm

Re: Urgent Property Conveyance Question

Postby jessuf » Mon Apr 30, 2012 6:48 pm

Jessuf wrote:
rli66 wrote:A conveys to M for life, then to M's children and their heirs, but if at M's death she is not survived by any children, then to D and his heirs.

At time of conveyance, M has no children, but five years later, she has two children E and J. E predeceases M, but J survives M.

My only question is that does E's heirs get a cut?

M's kids have alternative contingent remainders, I understand, but if only one of the kids survive, does the other kid who did not survive still get a cut because at least one survived? Or is this a situation where it does not vest until M's death and only in the surviving kids.

Thanks


Yes, I'm pretty positive E's heirs get a share. If it said "then to M's children who survive M," it would be different.


Ok, so there is a problem like this in my book that says E's heirs get a share. Now I'm doing a problem in a different book that says J would get FSA. So hmm.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: Google Feedfetcher and 11 guests