Estates Practice Flashcards

Get some practice with the language in estate conveyances and practice identifying present possessory interests.

1
Q

Identify the words of purchase and words of limitation:

O to A and her heirs.

A

Words of purchase: to A
Words of limitation: and her heirs
This creates a: fee simple absolute

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2
Q

Identify the words of purchase and words of limitation:

O to A for 2 years.

A

Words of purchase: to A
Words of limitation: for 2 years
This creates a: term of years

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3
Q

Identify the words of purchase and words of limitation:

O to A and the heirs of his body.

A

Words of purchase: to A
Words of limitation: and the heirs of his body
This creates a: fee tail

we won’t work with fee tails, but you should know how to identify

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4
Q

Identify the words of purchase and words of limitation:

O to A for life.

A

Words of purchase: to A
Words of limitation: for life
This creates a: life estate

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5
Q

Identify the words of purchase and words of limitation:

O to A for the life of B.

A

Words of purchase: to A
Words of limitation: for the life of B
This creates a: life estate pur autre vie

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6
Q

Identify the words of purchase and words of limitation:

O to A.

A

Words of purchase: to A
Words of limitation: N/A (assume modern law)
This creates a: fee simple absolute

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7
Q

What is the duration of B’s estate (if any)?

O conveys to A and her heirs. (B is A’s only child.)

A

B has nothing. A has a fee simple absolute.

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8
Q

What is the duration of B’s estate (if any)?

O conveys to A for life. They A conveys to B.

A

B has a life estate pur autre vie. A is the measuring life. B’s life estate will last until A dies.

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9
Q

What is the duration of B’s estate (if any)?

O conveys to A for 10 years. Then A immediately conveys to B.

A

B’s estate will last for the remainder of the ten years.

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10
Q

What is the duration of B’s estate (if any)?

O conveys to A for life. Then A conveys to B for 2 years. One month later A dies.

A

B has a life estate pur autre vie. B’s estate ends when A dies.

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11
Q

What is the duration of B’s estate (if any)?

O conveys to A and his heirs. Then A conveys to B for 2 years. One year later A dies.

A

B has a term of years. B’s estate is unaffected by A’s death. (Because A has a fee simple absolute.) B has one more year of possession left.

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12
Q

What is the duration of B’s estate (if any)?

O conveys to A for life. In 1993, A conveys to B for 2 years. A dies in 2001.

A

B had a term of years. B’s estate ended in 1995, so it’s unaffected by A’s death.

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13
Q

What is the duration of B’s estate (if any)?

O conveys to A for life. Then A dies, devising her entire estate to B.

A

B has no estate. Upon the death of A, the life estate ended.

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14
Q

Other than O, who has an interest in the property?

O to A and her heirs. A has a husband (B) and one child (C).

A

A has an interest. (fee simple absolute)

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15
Q

Other than O, who has an interest in the property?

O to A for the life of B.

A

A has an interest. (life estate pur autre vie)

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16
Q

Other than O, who has an interest in the property?

O to A. A has no husband and no children, but has a living father and mother.

A

A has an interest. (fee simple absolute)

17
Q

Other than O, who has an interest in the property?

O to A for life. Then A conveys to B. B dies intestate with one heir, C.

A

C has an interest. (C inherited B’d life estate pur autre vie. The measuring life is A, so C’s interest lasts until A dies.)

18
Q

Who has an interest in the property and what type?

O to A for 2 years.

A

A has a term of years. O has the right to possession after A’s term of years ends.

19
Q

Who has an interest in the property and what type?

O to A for life.

A

A has a life estate. O has the right to possession after A dies.

20
Q

Who has an interest in the property and what type?

O to A and her heirs.

A

A has a fee simple absolute. No one else has any interest in the property.

21
Q

Who has an interest in the property and what type?

O to A for the life of B.

A

A has a life estate pur autre vie. O has the right to possession after B (the measuring life) dies.

22
Q

Who has an interest in the property and what type?

O to A.

A

A has a fee simple absolute. No one else has any interest in the property.

23
Q

What is the state of the title?

O to A.

A

A: FSA
O: nothing

24
Q

What is the state of the title? Who now owns property?

“O to A and her heirs.” (A dies without a will and without any heirs.)

A

A: FSA
A’s heirs: nothing
O: nothing

Property escheats to the state