Question

When William S. Thrasher died, he left a life estate in the family home to his wife, Gail Thrasher, and a remainder interest to his children, James Hall Thrasher and Sheila Reed. When Gail attempted to sell her life estate, the children sued, arguing that by selling the life estate, she was forfeiting the life estate because the buyer might waste the property, thereby devaluing the interests of the children. How do you think the courts resolved this issue? Should the holder of the life estate be able to transfer the life estate? [Thrasher v. Thrasher,169 So. 3d 1043; 2014 Ala. Civ. App. LEXIS (2014).

Answer 1

Thus, the trial court's finding does not support the conclusion that Gail forfeited her right to the property based on the mere possibility of waste. Rather, any future holder of the life estate will be similarly charged with protecting the property for the remaindermen. (C.W. Zimmerman Mfg. Co. v. Wilson, 147 Ala. 275, 40 So. 515 (1906) )

As in this case Gail would not living in Brewer Road home, and the possibility of the future tenants committing waste on the property that was directly result in forfeiture of her life estate , hence the decision was reversed and remanded with instructions.

P.S.- Please leave a comment if any explanation is needed.