A puzzling life estate question....

[seniorjudge]

This refers to Missouri real estate and it's not a homework question.

John Doe and Mary Doe, husband and wife, convey Blackacre to Susie Roe, reserving the right to sell, mortgage, etc., the real estate. (Perfectly legal in the days before non-probate transfer statutes.)

John Doe dies. Whatever interest he had went to his surviving spouse, Mary Doe.

Mary Doe conveys Blackacre to Susie Roe and Ronald Roe, her husband. (This would generally create a tenancy by the entirety.)

Mary Doe states on the second deed that it releases her life estate.

Susie Roe dies.

Who owns Blackacre?


(My answer was: I don't have the foggiest.)

 

[jomaybee]

wouldn't her husband Ronald roe?

 

[seniorjudge]

wouldn't her husband Ronald roe?

Thanks for answering.

The question I have is what interest does Mary Doe have in the second deed?

How can she convey this to Ronald Roe?

My thought is that when Susie Roe died, whatever interest she had would have to be probated.

Ronald Roe may or may not get the whole thing.