Question

Husband and Wife were married, each for the second time. Husband had Son from his first marriage. Wife had Daughter from her first marriage. Husband owned the family home before his marriage to Wife. Wife owned a vacation home before her marriage to Husband.

Husband and Wife created wills that provided as follows:

Upon Husband's death Wife shall be allowed to live in the family home for the remainder of her life. Then after Wife’s death the family home will belong to Son. However, if Son should die before Wife, then the family home will belong to Son’s issue. If Son dies before Wife and has no surviving issue, the family home will transfer to Husband's heirs.

Upon Wife’s death Husband shall be allowed to use the vacation home for the remainder of his life. Then after Husband’s death the vacation home shall belong to Daughter. However, if Daughter should die before Husband then the vacation home shall be transferred to Wife’s favorite Charity.

1.         If Husband dies first:

            (a) After Husband's death what estate does Wife have in the family home?

            (b) After Husband's death what estate does Son have in the family home during Wife's      

                   lifetime?

            (c) What estate in the family home does Son have after Wife dies if he survives Wife?

            (d) If Son dies before wife and leaves no surviving issue, what estate do Husband's                            heirs have?

2.         If Wife dies first:

            (a) After Wife's death what estate does Husband have in the vacation home?

            (b) After Wife's death and while Husband is living, what estate does Daughter have in   the vacation home?

            (c) After Wife's death and while Husband is living, what estate does Charity have in the

                  vacation home?

            (d) After Wife's death and while Husband is living, Daughter dies. What estate in the     vacation home does Charity then have?

Answer 1

Ans 1: if Husband dies first:

a) After husband's death wife shall be allowed to live in the family home remainedr of her life.

b) After husband's death son does not have right to own family home because wife is alive, he can own after wife's death.

c) After wife dies family home blongs to son.

d) If son dies befor wife and leaves no surviving issue family home will transfer to husband's heirs.

Ans 2: If wife dies first:

a) After wife's death husband shall be allowed to use the vacation home for the remainder of his life.

b) After wife's death and whil husband is living, daughter cannot own vacation home.

c)After wife's death and while husband is living , charity doesnot have rights over vacation home because husband and daughter is alive.

d) After wife's death and whil husband is living, daughter dies than the vacation home shall be transferred to wife's favorite charity.