life estate in Texas - selling house

[cheinigo]

Texas
My grandmother's sister (R) left her house as a life estate to my grandmother (L).

R's will stated after L died, it would go to L's 4 children (O, M, J, C) in fee simple and "without remainder".

L made a will stating house was to go to a life estate to O and after O died it would go to only 2 of the kids (J and M). L specifically wanted to make sure that C's son did not receive anything from the house. (C died in 1999, L died in 2009, O died in 2016)

O passed away and J and M want to sell the house. Title company says R's will takes precedence over L's will even though L's will was probated and an executor named - and that the sale of the house needs to be split 4 ways, between J, M, O's granddaughter and C's son.

Once a will is probated, doesn't that mean it has been proved legal, valid, and that L had a right to will it as a life estate to O, and essentially pass it on only to J and M after O's passing?

What does "without remainder" mean in 2nd sentence above?

 

[Zigner]

Texas
My grandmother's sister (R) left her house as a life estate to my grandmother (L).

R's will stated after L died, it would go to L's 4 children (O, M, J, C) in fee simple and "without remainder".

L made a will stating house was to go to a life estate to O and after O died it would go to only 2 of the kids (J and M). L specifically wanted to make sure that C's son did not receive anything from the house. (C died in 1999, L died in 2009, O died in 2016)

O passed away and J and M want to sell the house. Title company says R's will takes precedence over L's will even though L's will was probated and an executor named - and that the sale of the house needs to be split 4 ways, between J, M, O's granddaughter and C's son.

Once a will is probated, doesn't that mean it has been proved legal, valid, and that L had a right to will it as a life estate to O, and essentially pass it on only to J and M after O's passing?

What does "without remainder" mean in 2nd sentence above?

One cannot will a life estate. R's will controls.

 

[cheinigo]

One cannot will a life estate. R's will controls.

I see...how was L's will allowed to be probated per her wishes then? What does the without remainder part of R's will mean?

 

[Zigner]

I see...how was L's will allowed to be probated per her wishes then?

I have no idea - I wasn't involved.

What does the without remainder part of R's will mean?

I'll let someone else answer that or suggest that you consult with a Texas estate attorney.

 

[justalayman]

I see...how was L's will allowed to be probated per her wishes then? What does the without remainder part of R's will mean?

The court doesn't verify what happens unless somebody challenges it. Apparently nobody challenged it.

I believe "without remainder" is simply meant to clarify the grant as whole and withholding nothing for any purpose

 

[cheinigo]

The court doesn't verify what happens unless somebody challenges it. Apparently nobody challenged it.

I believe "without remainder" is simply meant to clarify the grant as whole and withholding nothing for any purpose

Thank you.

We do have a call in to a lawyer. But I'm just trying to understand in the meantime how this all works, if the title company is right. And am wondering since nobody challenged L's will if that means it's true and valid? Or if R's will still takes precedence over all?

 

[Zigner]

Thank you.

We do have a call in to a lawyer. But I'm just trying to understand in the meantime how this all works, if the title company is right. And am wondering since nobody challenged L's will if that means it's true and valid? Or if R's will still takes precedence over all?

R's will takes precedence and somebody has opened themselves up to a lawsuit. It's going to be a mess...

 

[justalayman]

Thank you.

We do have a call in to a lawyer. But I'm just trying to understand in the meantime how this all works, if the title company is right. And am wondering since nobody challenged L's will if that means it's true and valid? Or if R's will still takes precedence over all?

It means an error was made and depending on whose error that is and why it was made it could cost somebody a lot of money

 

[LdiJ]

Thank you.

We do have a call in to a lawyer. But I'm just trying to understand in the meantime how this all works, if the title company is right. And am wondering since nobody challenged L's will if that means it's true and valid? Or if R's will still takes precedence over all?

L never owned the house and had no right to leave it to anyone in her will. All L had was the right to live in it during her lifetime. R specifically named L's 4 children as heirs to the house, she merely allowed her sister, L, the right to live there for her lifetime.

Its that simple. L's will as far as the house is concerned is irrelevant.