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Life Estate Gives Remainder to Living Issue, but There Are No Issue

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  • 08-02-2011, 03:49 PM
    rwconsp
    Life Estate Gives Remainder to Living Issue, but There Are No Issue
    My question involves real estate located in the State of: Kansas

    Owner A received a life estate interest in property pursuant to will of Granny and subsequent court order, with Owners B,C, and D, in "equal undivided one-fourth interests to each such beneficiary as life tenant of their respective undivided one-fourth interets for the remainder of their natural life....and upon their death and termination of their respective life estate therein the remainder thereof over unto their living bodily issue, equally, share and share alike, per stirpes and not per capita".

    Owner A is deceased (resident of South Dakota), and had no children. What happens to his interest? Does his share revert to Owners B,C, and D.
  • 08-04-2011, 01:19 PM
    Mr. Knowitall
    Re: Life Estate Gives Remainder to Living Issue, but There Are No Issue
    I don't see a statute that would prevent the gift from lapsing. If this isn't homework, though, you should run the question past a probate lawyer.
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