Life Estate Holder, Remaindermen And Third Party

[snoogins00]

hypothetical question,
say that A left B a life estate, and thereafter to go to C to hold as a trust for A's kids.

A dies, then B in her will leaves the property to C.
B cant do this right?

C and A's kids are now in dispute over who gets the land. Its obviously the kids right? because B as a life estate holder couldnt leave the land to someone else? is this right?

Thanks for any help

[Mr. Knowitall]

From what you write, A conveyed the land such that:

• B has a life estate; and
• The trust has a remainder interest.

If that's the case, B's interest terminates upon B's death, and the trust gets full ownership. Any provision B places in his or her will in relation to the land is not operative.

If C is supposed to be the trustee, and is claiming ownership rights, there is an obvious conflict of interest that should have already caused C to resign as trustee.