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Simple English definitions for legal terms

estate in remainder

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A quick definition of estate in remainder:

An estate in remainder is a type of future interest in property that goes to someone other than the person who created the estate or their heirs. It happens after the initial holder's estate ends. For example, if a grant is "to A for life, and then to B," B's future interest is a remainder. There are different types of remainders, such as vested and contingent remainders, cross-remainders, and charitable remainders. A vested remainder goes to an ascertained person and is not subject to a condition precedent, while a contingent remainder is subject to a condition precedent or owned by unascertainable persons.

A more thorough explanation:

Definition: Estate in remainder refers to a future interest in a third person, who is not the creator of the estate, its initial holder, or their heirs. This person is intended to take over the property after the natural termination of the preceding estate. For example, if a grant is “to A for life, and then to B,” B's future interest is a remainder. If there is only one preceding estate and the remainder vests on that estate's expiration, the remainder is also termed an executed estate.

Examples:

  • “To A for life, and then to B” - B's future interest in the property is a remainder.
  • “To A for life, and then to A's children” - A's children have a contingent remainder in the property, as their interest is subject to the condition precedent of surviving A.
  • “To A for life, and then to B if B graduates from college before A dies” - B's interest in the property is a contingent remainder, as it is subject to the condition precedent of graduating from college before A's death.

The examples illustrate how a remainder is a future interest in a property that arises in a third person after the natural termination of the preceding estate. The type of remainder (vested, contingent, defeasible, etc.) depends on the language used in the grant and any conditions or contingencies attached to the interest.

estate in lands | estates of the realm

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join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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