Q: State of TN - Can a Will establish a life estate after a life estate was established on a deed years prior?
My father had an attorney create a deed listing my father and mother as life tenants and myself as remainder owner. My father passed and my mom had a Will created naming a grand daughter as a life tenant for one of the properties and myself as remainder owner.
(Her attempt was to give a grand daughter a place to live as long as she occupied the property not a life estate). Does she need to redo the will or is it pointless due to the original life estate being established years prior naming me as remainder owner of all properties.
Note: there are two properties mentioned in the original life estate deed and my mother was trying to allow the grand daughter live in one of the two.
A: If the life estate deed was properly executed and recorded, and your father has already passed, then, when your mother has passed you, as the remainderman, will be the sole owner. Her will can have no impact on that property, because her life estate ends at her death. In other words, the property will not be a part of her estate, so her will can have no effect on it.
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