Untitled Deck Flashcards
What happens if a life tenant fails to pay ad valorem taxes?
The failure results in the forfeiture of the life estate as a matter of law, causing title to vest in the remaindermen.
What is the Doctrine of Worthier Title?
A remainder limited to the grantor’s heirs is invalid, and the grantor retains a reversion in the property.
Is the Doctrine of Worthier Title applied in Georgia?
No, the Doctrine of Worthier Title is not applied in Georgia.
What is a ‘class’ in terms of class gifts?
A ‘class’ is a group of persons having a common characteristic, such as children or nephews.
How is the share of each member in a class determined?
The share of each member is determined by the number of persons in the class.
What does a gift to a person’s ‘children’ include?
It generally includes that person’s children from all marriages as well as adopted and nonmarital children.
What does Georgia law permit regarding property disposition?
Georgia law permits a testator to make any legal disposition of their property, even to the exclusion of their spouse and descendants.
What does a disposition to the ‘heirs’ presumptively include?
It includes those persons who would take the named person’s estate according to the laws of descent and distribution if they were to die without a will.
How does Georgia define ‘heirs’?
In Georgia, ‘heirs’ are held to mean ‘children,’ including descendants of deceased children (by representation) at the time of the vesting of the estate.
Is survival of a class member necessary to share in a future gift?
Survival is usually unnecessary unless made an express condition.
What happens in Georgia regarding words of survivorship in a will?
Words of survivorship are taken to refer to those persons living at the time of the testator’s death for purposes of vesting remainders.
