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Common Problems in Estates and Future Interests: A Detailed Analysis

This document explores common problems associated with estates and future interests in property law. Each problem outlines specific language used in conveyances, including phrases like “To A for life” and conditional interests that may involve the sale of tobacco products. The analysis examines how these phrases create varying rights for individuals and their heirs, focusing on nuances that could affect estate planning and property use. Understanding these issues is crucial for legal practitioners and individuals dealing with estate matters.

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Common Problems in Estates and Future Interests: A Detailed Analysis

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  1. Estates & Future Interests Problems

  2. Problem 1 • “To A.”

  3. Problem 2 • “To A and her heirs.”

  4. Problem 3 • “To A for life.”

  5. Problem 4 • “To A for life.” A transferred his interest to B

  6. Problem 5 • “To A and his heirs, so long as cigarettes and other tobacco products are not sold upon the premises.”

  7. Problem 6 • “To A and her heirs, but if cigarettes or other tobacco products are sold upon the premises, then I or my heirs may reenter and terminate her estate.”

  8. Problem 7 • “To A and his heirs, but if cigarettes or other tobacco products are sold upon the premises, then to B and her heirs.”

  9. Problem 8 • “To A for life and then to B and his heirs, but if A ever sells cigarettes or other tobacco products upon the premises, then to B and his heirs.”

  10. Problem 9 • “To A and the heirs of her body.”

  11. Problem 10 • “To A and the heirs of his body by his wife Mary.”

  12. Problem 11 • “To A for life and then to B and her heirs.”

  13. Problem 12 • “To A for life, then to B for life, and then to C and his heirs.”

  14. Problem 13 • “To A for life and then, if B has married before A dies, to B and his heirs.”

  15. Problem 14 • “To A for life and then to A’s surviving spouse.”

  16. Problem 15 • “To A for life and then to B and his heirs if B is at least twenty-five years old before A dies, but if B ever sells cigarettes or other tobacco products on the premises, then to C and her heirs.”

  17. Problem 16 • “To A for life and then equally to B’s children and their heirs.”

  18. Problem 17 • “To A for life, then to B and her heirs but if B predeceases A, then to C and his heirs.”

  19. Problem 18 • “To A for life, remainder to A’s heirs.”

  20. Problem 19 • “To A for life, then to my heirs.”

  21. Problem 20 • “To A and his heirs, this deed to take effect six months after its date.”

  22. Problem 21 • “To A for life and then six months after her death, to B and his heirs.”

  23. Problem 22 • “To A and her heirs as soon as the property is zoned to permit the construction of a bowling alley.”

  24. Problem 23 • “To A for life and then to her first child who graduates from the Texas Tech University School of Law.”

  25. Problem 24 • “To A for 10 years, then to B and his heirs.”

  26. Problem 25 • “To A for life, then to A’s children who reach 25 years old.” Assume no child has yet reached age 25.”

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