DATE:
03/26/03
SUBJECT/TOPIC:
REMAINDERS
  Q:
My question relates to the Last Will and Testament of the deceased which devised her home to her sister, for life, and at the death of the sister, then to the three (3) children of the devisee. Is it my position that title is not vested at this time since the Will did not attempt to do so until after the death of the life tenant. The life tenant and her three (3) children want to sell the property, but I cannot determine a way around the facts. If the Will had left the property to the three (3) children, subject to the life estate of their mother, I would have no problem; however, this way, I do not know of a way to have the title properly vested. Any suggestions?
  A:
It sounds to me like the children have a vested remainder and that they and their mother together can convey fee simple title. If you to fax me the Will I'll be glad to take a look at it.
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