Future Interests Question Forum

[Geist13]

Can vested remainders always be transferred, even if they are subject to divestment (be it complete or partial)? I cannot for the life of me find the answer to this in my book but its all over the sample questions (which don't provide answers).

[dietcoke0]

If it's not an exam question, post it here, and I can help talk you through it.

[dietcoke0]

And I think if it's vested, it's alienable anyway.

[Geist13]

Well here's the question I'm looking at right now, but its basically come up in every question in this problem of the book (Dukeminier, Wills and Trusts).

trust for A for life, then to A's children, but if at A's death A is not survived by any children, then to B. A has two kids, C and D. D dies, devising all his property to his wife, W. Then A dies.

My question is does the trust get distributed to C alone or C and W?

But I'm more interested the general rule(s) for if/when vested interests subject to divestment can be devised before becoming possessory. It may be as simple as "if its vested, its alienable." I just need to know, cause the casebook doesn't say one way or the other.

[dietcoke0]

"trust for A for life, then to A's children, but if at A's death A is not survived by any children, then to B. A has two kids, C and D. D dies, devising all his property to his wife, W. Then A dies."

(don't have my notes, so going off memory)

Someone correct me if I am wrong, but C and D have a contingent remainder subject to open. B has a contingent remainder. CR are inheritable. On A's death, the class close, leaving two people getting the trust, C and W (since CR are inheritable) while B gets nothing.

I'm about 90% sure this is correct, but without my charts, could be wrong.

[dietcoke0]

Just looked up online, CR are not Alienable Inter Vivos. Not sure if a will would lead be that, or not. I'm going to back away from this one, so I don't give bad info.