A man leaves his land to his wife in the form of a life estate. The remainder interest is left to two daughters, with remainder interest to take effect upon his wifes death. One of the daughters dies 8 months before the life tenant(his wife). The daughter did not have a will. The daughter and her spouse had no children though the daughter has a son(the grantor's grandson). Does her spouse have rights to the land since the will states the interest takes effect upon the life tenants death? Shouldnt it stay in the family?Does a spouse have rights to his deceased wife's life estate if the life tenant was alive at time of death?
the spouse does not have any interest in the life estate. The son of the deceased daughter should receive his mother's part ';per stirpes';. (which basically means to the next heir in line related by blood, not marriage)
Even if the deceased daughter had a Will, the life estate could not be willed over to the husband as the previous Will (the original grantor) usually states that if the beneficiary dies, then their issue (child) shall take the share of their respective parent.
Now if the daughter had died without issue (a child) then the estate would fully vest in the living sister.
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