Another Property Q Forum
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TurkeyDay

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Another Property Q
O conveys Blackacre "to A for life, and then to B's heirs."
If B is living, B's heirs have a contingent remainder.
If B is not living, B's heirs have what?
EDIT: I think they have a vested remainder, but I get confused about executory interests..
If B is living, B's heirs have a contingent remainder.
If B is not living, B's heirs have what?
EDIT: I think they have a vested remainder, but I get confused about executory interests..
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target

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Re: Another Property Q
If B is not living, B's heirs have vested remainder. No executory interest here since there's no divestment of A's interest.TurkeyDay wrote:O conveys Blackacre "to A for life, and then to B's heirs."
If B is living, B's heirs have a contingent remainder.
If B is not living, B's heirs have what?
EDIT: I think they have a vested remainder, but I get confused about executory interests..
Also, If B's living, and have at least one child, it would be vested remainder subject to open. If B is living and currently has no children, then contingent remainder.
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03121202698008

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Re: Another Property Q
It can't be vested because you don't have heirs until you die. It's an EI. It is divesting the original grantor to whom it will revert until B dies and has heirs. If B is still alive, you have no way to know who is heirs will be. Not all heirs are children. If no kids spouse, no spouse then parents.target wrote:If B is not living, B's heirs have vested remainder. No executory interest here since there's no divestment of A's interest.TurkeyDay wrote:O conveys Blackacre "to A for life, and then to B's heirs."
If B is living, B's heirs have a contingent remainder.
If B is not living, B's heirs have what?
EDIT: I think they have a vested remainder, but I get confused about executory interests..
Also, If B's living, and have at least one child, it would be vested remainder subject to open. If B is living and currently has no children, then contingent remainder.
If it said children. You'd be correct.
Last edited by 03121202698008 on Fri Dec 09, 2011 5:12 pm, edited 2 times in total.
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target

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Re: Another Property Q
My bad. I misread heirs as children.blowhard wrote:It can't be vested because you don't have heirs until you die. It's an EI. It is divesting the original grantor to whom it will revert until B dies and has heirs.target wrote:If B is not living, B's heirs have vested remainder. No executory interest here since there's no divestment of A's interest.TurkeyDay wrote:O conveys Blackacre "to A for life, and then to B's heirs."
If B is living, B's heirs have a contingent remainder.
If B is not living, B's heirs have what?
EDIT: I think they have a vested remainder, but I get confused about executory interests..
Also, If B's living, and have at least one child, it would be vested remainder subject to open. If B is living and currently has no children, then contingent remainder.
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TurkeyDay

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Re: Another Property Q
So, if B is alive with no heirs; heirs have a contingent remainder.
if B is alive with children; they have a shifting executory interest.
If B is dies within A's lifetime, the heirs have a vested remainder.
?
if B is alive with children; they have a shifting executory interest.
If B is dies within A's lifetime, the heirs have a vested remainder.
?
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03121202698008

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Re: Another Property Q
Once again, there are no heirs if you're alive. Remainders are only in existing identifiable people. Just because B has children now, doesnt mean they will outlive him. The first two are both EIs. The last is correct.TurkeyDay wrote:So, if B is alive with no heirs; heirs have a contingent remainder.
if B is alive with children; they have a shifting executory interest.
If B is dies within A's lifetime, the heirs have a vested remainder.
?
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target

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Re: Another Property Q
I thought contingent remainder can be vested in unborn/unascertained people, no? Contingent remainder and shifting EI always confuse me. Is there a good way to distinguish the two?blowhard wrote:Once again, there are no heirs if you're alive. Remainders are only in existing identifiable people. Just because B has children now, doesnt mean they will outlive him. The first two are both EIs. The last is correct.TurkeyDay wrote:So, if B is alive with no heirs; heirs have a contingent remainder.
if B is alive with children; they have a shifting executory interest.
If B is dies within A's lifetime, the heirs have a vested remainder.
?
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03121202698008

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Re: Another Property Q
True, been awhile. The children definitely have an EI because it's not clear they'd outlive B. I'd say an EI for both because a remainder has to be capable of taking upon expiration of the estate. If A dies before B, his heirs don't exist and can't take.target wrote:I thought contingent remainder can be vested in unborn/unascertained people, no? Contingent remainder and shifting EI always confuse me. Is there a good way to distinguish the two?blowhard wrote:Once again, there are no heirs if you're alive. Remainders are only in existing identifiable people. Just because B has children now, doesnt mean they will outlive him. The first two are both EIs. The last is correct.TurkeyDay wrote:So, if B is alive with no heirs; heirs have a contingent remainder.
if B is alive with children; they have a shifting executory interest.
If B is dies within A's lifetime, the heirs have a vested remainder.
?
A contingent remainder is like "A to B if B lives to 21."
But in your hypo, If A dies and B lives his kids can't take yet because they aren't heirs.
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BeaverHunter

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Re: Another Property Q
If B is living then he doesn't have heirs. You'd have a reversion. B's heirs have a contingent remainder (contingency being A outliving B).
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BeaverHunter

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Re: Another Property Q
You're doing this wrong. They don't have different things depending on all the different outcomes. Simplify. Also no executory interests here.TurkeyDay wrote:So, if B is alive with no heirs; heirs have a contingent remainder.
if B is alive with children; they have a shifting executory interest.
If B is dies within A's lifetime, the heirs have a vested remainder.
?
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03121202698008

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Re: Another Property Q
It can't be a remainder because it cannot necessarily pass when A dies. It has to be an EI. If B is alive, there is a reversion as you point out. A remainder cannot follow a reversion.BeaverHunter wrote:If B is living then he doesn't have heirs. You'd have a reversion. B's heirs have a contingent remainder (contingency being A outliving B).
Nor is it contingent. For it to be a contingency, the estate wouldn't pass at all if A didn't outlive B. E.g. A to B's heirs if B outlives A. That's not what happens here. If A dies and B is alive, it passes to O until B dies, then to his heirs. It will take no matter what, just not necessarily when A dies.
Last edited by 03121202698008 on Fri Dec 09, 2011 7:22 pm, edited 1 time in total.
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BeaverHunter

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Re: Another Property Q
Yeah, that's why it is a contingent remainder. If B outlives A B's heirs have nothing.blowhard wrote:It can't be a remainder because it cannot necessarily pass when A dies. It has to be an EI. If B is alive, there is a reversion as you point out. A remainder cannot follow a reversion.BeaverHunter wrote:If B is living then he doesn't have heirs. You'd have a reversion. B's heirs have a contingent remainder (contingency being A outliving B).
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03121202698008

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Re: Another Property Q
BeaverHunter wrote:Yeah, that's why it is a contingent remainder. If B outlives A B's heirs have nothing.blowhard wrote:It can't be a remainder because it cannot necessarily pass when A dies. It has to be an EI. If B is alive, there is a reversion as you point out. A remainder cannot follow a reversion.BeaverHunter wrote:If B is living then he doesn't have heirs. You'd have a reversion. B's heirs have a contingent remainder (contingency being A outliving B).
That's not what his hypo says. That would be A to B's heirs if A outlives B. This estate will pass to B's heirs whenever B dies. Whether that is right when A dies or after a reversion to O. A remainder cannot follow a reversion. This is an exact example from the handout we got in property last year...a class I did well in FWIW.
• O to A for life, remainder to the heirs of B.
B would have fee simple, A life estate.
B has nothing…if he is alive when A dies, reversion to grantor (or his heirs) until B dies and has heirs. (No heirs until dead.) Though irrevocable by grantor…
B's heirs have an EI.
Last edited by 03121202698008 on Fri Dec 09, 2011 7:30 pm, edited 2 times in total.
- AlexanderSupertramp

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Re: Another Property Q
TurkeyDay wrote:O conveys Blackacre "to A for life, and then to B's heirs."
If B is living, B's heirs have a contingent remainder.
Yes. A coningent remainder is one with a condition precedent and/or no ascertainable remainderman. Since the heirs can not be ascertained because you can't know who the heris are til B dies. Unless you're in NC in which case it is madated by statute that any time a conveying instrument transfers an interet in real property to the heirs of any living person you change the word "heirs" to "children" - as far as I know this does not apply anywhere else in the world. Either way, though, you would leave a reversion in O. You can do that with a contingent remainder.
If B is not living, B's heirs have what?
IVR. Technically, it could be VRSTO if he has just died because there could still be another born within ten lunar months.
EDIT: I think they have a vested remainder, but I get confused about executory interests..
An EI would cut short someone else's interest. Remainders don't do that.
Last edited by AlexanderSupertramp on Fri Dec 09, 2011 7:29 pm, edited 1 time in total.
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03121202698008

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Re: Another Property Q
Dude, read what you wrote. B's heirs would be cutting short O's reversion. Remainders cannot follow a reversion. It cannot be a contingent remainder for the very reason you wrote. It may not take right when A dies. A contingent remainder must either take or fail when A dies.AlexanderSupertramp wrote:TurkeyDay wrote:O conveys Blackacre "to A for life, and then to B's heirs."
If B is living, B's heirs have a contingent remainder.
Yes. A coningent remainder is one with no condition precedent and no ascertainable remainderman. Since the heirs can not be ascertained because you can't know who the heris are til B dies. Unless you're in NC in which case it is madated by statute that any time a conveying instrument transfers an interet in real property to the heirs of any living person you change the word "heirs" to "children" - as far as I know this does not apply anywhere else in the world. Either way, though, you would leave a reversion in O. You can do that with a contingent remainder.
If B is not living, B's heirs have what?
IVR. Technically, it could be VRSTO if he has just died because there could still be another born within ten lunar months.
EDIT: I think they have a vested remainder, but I get confused about executory interests..
An EI would cut short someone else's interest. Remainders don't do that.
Edit: A quick google shows examples of this going each way. I guess go with what you were taught. We were taught a remainder cannot follow a reversion and this was a specific example provided for EI. I get that the heirs are unascertained. My problem is though that this may not take upon the natural termination of the estate.
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bk1

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Re: Another Property Q
Why does the future interest in B's heirs not just terminate at A's death when it checks for B's heirs, sees that B is alive and has no heirs, and thus fails to vest in anyone (thus moving on to the reversion in O in FSA)? Why does it keep waiting until B's heirs are ascertained even if A's life estate has ended?blowhard wrote:Dude, read what you wrote. B's heirs would be cutting short O's reversion. Remainders cannot follow a reversion. It cannot be a contingent remainder for the very reason you wrote. It may not take right when A dies. A contingent remainder must either take or fail when A dies.
- AlexanderSupertramp

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Re: Another Property Q
No, they wouldn't the reversion follows the CR in case in doesn't vest.blowhard wrote:Dude, read what you wrote. B's heirs would be cutting short O's reversion. Remainders cannot follow a reversion. It cannot be a contingent remainder for the very reason you wrote. It may not take right when A dies. A contingent remainder must either take or fail when A dies.AlexanderSupertramp wrote:TurkeyDay wrote:O conveys Blackacre "to A for life, and then to B's heirs."
If B is living, B's heirs have a contingent remainder.
Yes. A coningent remainder is one with no condition precedent and no ascertainable remainderman. Since the heirs can not be ascertained because you can't know who the heris are til B dies. Unless you're in NC in which case it is madated by statute that any time a conveying instrument transfers an interet in real property to the heirs of any living person you change the word "heirs" to "children" - as far as I know this does not apply anywhere else in the world. Either way, though, you would leave a reversion in O. You can do that with a contingent remainder.
If B is not living, B's heirs have what?
IVR. Technically, it could be VRSTO if he has just died because there could still be another born within ten lunar months.
EDIT: I think they have a vested remainder, but I get confused about executory interests..
An EI would cut short someone else's interest. Remainders don't do that.
Check out #3
http://www.donaldjkochan.com/classes/pr ... oblems.pdf
Check out #6 and #8
http://www.law.uidaho.edu/documents/Fut ... 5528&doc=1
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03121202698008

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Re: Another Property Q
3 says children. You may die without children. Everyone has heirs (or the state acts as an heir). 6/8 are conditions subsequent/precedent and entirely different.AlexanderSupertramp wrote:No, they wouldn't the reversion follows the CR in case in doesn't vest.blowhard wrote:Dude, read what you wrote. B's heirs would be cutting short O's reversion. Remainders cannot follow a reversion. It cannot be a contingent remainder for the very reason you wrote. It may not take right when A dies. A contingent remainder must either take or fail when A dies.AlexanderSupertramp wrote:TurkeyDay wrote:O conveys Blackacre "to A for life, and then to B's heirs."
If B is living, B's heirs have a contingent remainder.
Yes. A coningent remainder is one with no condition precedent and no ascertainable remainderman. Since the heirs can not be ascertained because you can't know who the heris are til B dies. Unless you're in NC in which case it is madated by statute that any time a conveying instrument transfers an interet in real property to the heirs of any living person you change the word "heirs" to "children" - as far as I know this does not apply anywhere else in the world. Either way, though, you would leave a reversion in O. You can do that with a contingent remainder.
If B is not living, B's heirs have what?
IVR. Technically, it could be VRSTO if he has just died because there could still be another born within ten lunar months.
EDIT: I think they have a vested remainder, but I get confused about executory interests..
An EI would cut short someone else's interest. Remainders don't do that.
Check out #3
http://www.donaldjkochan.com/classes/pr ... oblems.pdf
Check out #6 and #8
http://www.law.uidaho.edu/documents/Fut ... 5528&doc=1
Last edited by 03121202698008 on Fri Dec 09, 2011 7:45 pm, edited 1 time in total.
- AlexanderSupertramp

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Re: Another Property Q
I was trying to illustrate that a reverison in the grantor may follow a CR and that the CR doesn't cut it off.
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03121202698008

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Re: Another Property Q
None of those say that. There, it is possible none of those conditions could ever be met. If they all failed, it would revert to O. But B will always have heirs at some point.AlexanderSupertramp wrote:I was trying to illustrate that a reverison in the grantor may follow a CR and that the CR doesn't cut it off.
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03121202698008

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Re: Another Property Q
Why wouldn't it? There isn't a condition...it doesn't say to B's heirs if A outlives B. It creates a future irrevocable property interest in B's heirs, whoever they may be.bk187 wrote:Why does the future interest in B's heirs not just terminate at A's death when it checks for B's heirs, sees that B is alive and has no heirs, and thus fails to vest in anyone (thus moving on to the reversion in O in FSA)? Why does it keep waiting until B's heirs are ascertained even if A's life estate has ended?blowhard wrote:Dude, read what you wrote. B's heirs would be cutting short O's reversion. Remainders cannot follow a reversion. It cannot be a contingent remainder for the very reason you wrote. It may not take right when A dies. A contingent remainder must either take or fail when A dies.
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BeaverHunter

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Re: Another Property Q
You are correct. The interest in B's heirs terminates if that class is not ascertained at A's death (which would be the case if B outlives A).bk187 wrote:Why does the future interest in B's heirs not just terminate at A's death when it checks for B's heirs, sees that B is alive and has no heirs, and thus fails to vest in anyone (thus moving on to the reversion in O in FSA)? Why does it keep waiting until B's heirs are ascertained even if A's life estate has ended?blowhard wrote:Dude, read what you wrote. B's heirs would be cutting short O's reversion. Remainders cannot follow a reversion. It cannot be a contingent remainder for the very reason you wrote. It may not take right when A dies. A contingent remainder must either take or fail when A dies.
This is an easy problem. A has a life estate, heirs of B have a contingent remainder, O has a reversion. Anyone with an upcoming property exam that doesn't get this is in for a rough day.
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03121202698008

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Re: Another Property Q
It's entirely possible you're correct because it's been a long time. But, do you have a source for the interest terminating if the class is unascertained at death? That sounds kind of right now that you say that...but I can't find it anywhere.BeaverHunter wrote:You are correct. The interest in B's heirs terminates if that class is not ascertained at A's death (which would be the case if B outlives A).bk187 wrote:Why does the future interest in B's heirs not just terminate at A's death when it checks for B's heirs, sees that B is alive and has no heirs, and thus fails to vest in anyone (thus moving on to the reversion in O in FSA)? Why does it keep waiting until B's heirs are ascertained even if A's life estate has ended?blowhard wrote:Dude, read what you wrote. B's heirs would be cutting short O's reversion. Remainders cannot follow a reversion. It cannot be a contingent remainder for the very reason you wrote. It may not take right when A dies. A contingent remainder must either take or fail when A dies.
This is an easy problem. A has a life estate, heirs of B have a contingent remainder, O has a reversion. Anyone with an upcoming property exam that doesn't get this is in for a rough day.
Edit: I give up...you guys can fight it out. I'm going back to tax/secured trans. I don't even know why they ask...under modern law there is no damn distinction anyhow.
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bk1

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Re: Another Property Q
My property supplement calls it a contingent remainder (it doesn't really elaborate on it) but I see how it could be looked at your way. I guess it might depend on how the prof teaches the course.blowhard wrote:It's entirely possible you're correct because it's been a long time. But, do you have a source for the interest terminating if the class is unascertained at death? That sounds kind of right now that you say that...but I can't find it anywhere.
Edit: I give up...you guys can fight it out. I'm going back to tax/secured trans. I don't even know why they ask...under modern law there is no damn distinction anyhow.
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03121202698008

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Re: Another Property Q
Yeah, like I said it doesn't even matter anymore so who knows why/how everyone teaches it. In reality it makes no difference whatsoever. I do now recall reading somewhere that the class closes at death (which it obv does for other purposes like which children get) which would make it fail altogether and revert. I don't know why but I was thinking it created an interest in the heirs that would eventually take.bk187 wrote:My property supplement calls it a contingent remainder (it doesn't really elaborate on it) but I see how it could be looked at your way. I guess it might depend on how the prof teaches the course.blowhard wrote:It's entirely possible you're correct because it's been a long time. But, do you have a source for the interest terminating if the class is unascertained at death? That sounds kind of right now that you say that...but I can't find it anywhere.
Edit: I give up...you guys can fight it out. I'm going back to tax/secured trans. I don't even know why they ask...under modern law there is no damn distinction anyhow.