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B can't give more than what he has. Life estate ends upon B's death. That's one of the reasons why life estates are disfavored nowadays.Mr.Throwback wrote:Future Interests/estates.
A owns the FSA
A-->B "for life"
B now has a life estate.
B-->C "for life"
C now has the life estate.
Will the life estate end upon the death of B or C?
Thank you!
I'm still confused.ph14 wrote:B can't give more than what he has. Life estate ends upon B's death. That's one of the reasons why life estates are disfavored nowadays.Mr.Throwback wrote:Future Interests/estates.
A owns the FSA
A-->B "for life"
B now has a life estate.
B-->C "for life"
C now has the life estate.
Will the life estate end upon the death of B or C?
Thank you!
Disclaimer: I'm trying to remember this from my 1L property I could be wrong.
Well report back and let us know what you find!Mr.Throwback wrote:Here is her response:
"This really is an interesting question. And I think the classification of C's interest turns on the language you used. Since you used B--->C "for life" and didn't say "for my life" or "for B's life" I think C might have a life estate subject to divestment (by A on the death of B)... in which case A would have a reversion AND a springing executory interest while C is alive... I THINK. But that's why I'm checking with him... I think something like this might come up on your practice exam too so look out for it. Again, great question. It's good that you're thinking about stuff like this."
He can't give a life estate for longer than he lives, though, because that would be giving more than he has the rights to (says my brain desperately trying to remember Fall 1L). C would have the possessory interest of the estate because it was given by B (assuming a lifetime and not deathtime conveyance), but it would be measured by B's life, not C's, despite B's conveyance "for life."Mr.Throwback wrote:I'm still confused.ph14 wrote:B can't give more than what he has. Life estate ends upon B's death. That's one of the reasons why life estates are disfavored nowadays.Mr.Throwback wrote:Future Interests/estates.
A owns the FSA
A-->B "for life"
B now has a life estate.
B-->C "for life"
C now has the life estate.
Will the life estate end upon the death of B or C?
Thank you!
Disclaimer: I'm trying to remember this from my 1L property I could be wrong.
B is giving all he has by giving the life estate to C.
http://en.wikipedia.org/wiki/Life_estateA land owner of an estate cannot give a "greater interest" in the estate than he or she owns. That is, a life estate owner cannot give complete and indefinite ownership (fee simple) to another person because the life tenant's ownership in the property ends when the person who is the measuring life dies. For instance, if Bob conveyed to Ashley for the life of Ashley, and Ashley conveys a life estate to another person, Brenda, for Brenda's life [an embedded life estate], then Brenda's life estate interest would last only until whoever dies first, Brenda or Ashley. Then Brenda's interest conveys to the remainder interest or reverts to the original grantee. Once Ashley dies, however, whoever possesses the land loses it (with the land likely reverting to its original grantor). This is a life estate pur autre vie, or the life of another. Such a life estate can also be conveyed originally, such as "to A until B dies".
This makes sense..i think.BigZuck wrote:When B dies its going back to A (or his estate or whatever) regardless. But if C dies before B then it'll go back to B until he dies and it then goes back to A.
Right? What am I missing?
BAM. this is definitely it.ph14 wrote:http://en.wikipedia.org/wiki/Life_estateA land owner of an estate cannot give a "greater interest" in the estate than he or she owns. That is, a life estate owner cannot give complete and indefinite ownership (fee simple) to another person because the life tenant's ownership in the property ends when the person who is the measuring life dies. For instance, if Bob conveyed to Ashley for the life of Ashley, and Ashley conveys a life estate to another person, Brenda, for Brenda's life [an embedded life estate], then Brenda's life estate interest would last only until whoever dies first, Brenda or Ashley. Then Brenda's interest conveys to the remainder interest or reverts to the original grantee. Once Ashley dies, however, whoever possesses the land loses it (with the land likely reverting to its original grantor). This is a life estate pur autre vie, or the life of another. Such a life estate can also be conveyed originally, such as "to A until B dies".
+1. Life estate ends with B.ladybug wrote:ph is right. The life estate ends with B.
Yeah, not sure where TA is getting stuff like "springing executory interest" and what not.Desert Fox wrote:C has it until the first of C and B die. If B dies first it goes to A. If C dies first it goes back to B until B dies then to A.
I don't get why this is hard.
ph14 wrote:Moral of the story: TLS is your new TA.
I was just about to caution OP to beware of asking the TA questions about future interests. Sounds like TA does not understand them too well.ph14 wrote:Moral of the story: TLS is your new TA.
I'll let someone else take this one, lol. I cannot remember.Mr.Throwback wrote:How do we classify all the interests then?
B has a contingent remainder in life estate (contingent on C dying before B), and A has a reversion.ph14 wrote:I'll let someone else take this one, lol. I cannot remember.Mr.Throwback wrote:How do we classify all the interests then?
And C has a life estate pur autre vie.transferror wrote:B has a contingent remainder in life estate (contingent on C dying before B), and A has a reversion.ph14 wrote:I'll let someone else take this one, lol. I cannot remember.Mr.Throwback wrote:How do we classify all the interests then?
At least there is an answer. Which makes it better than a lot of other concepts.brotherdarkness wrote:Ew.ladybug wrote: Future interests are fun.
Are you sure on this last part? I would think C's heirs could hold onto it until B's death.heavoldgotjuice wrote: If C dies before B, A now gets the FSA, not B because B conveyed to C.