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  1. #1
    Join Date
    May 2011
    Location
    New York
    Posts
    1

    Default Warranty Deed with Reserved Life Use vs Will

    My question involves real estate located in the State of: New York

    A family member is granted via "Warranty Deed with Reserved Life Use" by their mother. Clause in deed is as follows:
    Excepting and reserving to the party of the first part, herein named, XXXXX XXXXX, life estate for and during her natural lifetime. This life use is personal and not assignable or transferable.
    She then dies. When will is read, she willed the life use of her home to another sibling.
    Is this legal, since the entire property became the grantees upon her death and the deeds reads not assignable and nontransferable?

  2. #2
    Join Date
    Jan 2006
    Posts
    27,065

    Default Re: Warranty Deed with Reserved Life Use vs Will

    well, it is meaningless because a life estate, by definition, only last as long as the life tenant is alive. That means there is nothing for her to assign to another. So, the argument of it being no able to be assigned or nontransferable is meaningless as there is nothing to assign or transfer.

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