Source of Title Forums: Re: Life Estate

Very interesting. I think it would help to break it down and take a look at the interest each person held after each conveyance. The following is my opinion, based on common law, but state law may require a different result.

Also, you reference Ralph Alan Lloyd and Ralph Allen Lloyd. I have assumed that was a typo, which is incredibly easy to do with all of these names. I am also assuming Robert Lee Lloyd is Robert Lee Lloyd, Sr. where it does not specify Jr. or Sr.

1. Robert Larry Lloyd holds a life esate and Ralph Alan Lloyd and Robert Lee Lloyd, Jr. have a vested remainder.

2. Robert Larry Lloyd no longer has an interest. Robert Lee Lloyd and Doris Lloyd hold a life estate pur autre vie for the life of Robert Larry Lloyd. Ralph Alan Lloyd and Robert Lee Lloyd, Jr. still have a vested remainder.

3. The heirs of Robert Lee Lloyd and Doris Lloyd hold a life estate pur autre vie for the life of Robert Larry Lloyd. Ralph Alan Lloyd and Robert Lee Lloyd, Jr. still have a vested remainder.

4. Doris Lloyd, Ralph Allen Lloyd, and Robert Lee Lloyd, Jr. (assuming they and Ralph Alan Lloyd are the only heirs of Rober Lee Lloyd, Sr.) conveyed their life estate pur autre vie, and Ralph Alan Lloyd and Robert Lee Lloyd, Jr. conveyed their remainder interest, to Ralph Alan Lloyd. Thus the life estate and remainder interests have merged to create fee simple title in severalty held by Ralph Alan Lloyd.

5. This should confirm that there are not other heirs who may have inherited Robert Lee Lloyd, Sr.'s life estate pur autre vie.

Your analysis is close, I think that you are correct in that Ralph Alan Lloyd owns the property by himself (a fee simply in severalty). And, Robert Larry Lloyd did not need to join in the execution of Deed #4 because he conveyed his life estate in Deed #2. However, when Robert Larry Lloyd conveyed his life estate, it did not void the remainder; it converted it to a life estate pur autre vie (for the life of another) for which there was still a remainder.

Thank you for posting this one... what a doozie! Looks like it came straight off a law school Property final exam.

Best,
Robert A. Franco
SOURCE OF TITLE

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