life estate validity

[shortstop19]

If a life estate is left to someone in a will and that someone does not occupy the property at the time of death of the person leaving the life estate, is the life estate valid? If there is a clause in the will that says "so long as the person resides on the property" and "if that person no longer resides on the property, it goes to all beneficiaries in equal shares", does that affect the validty of the life estate?

 

[dee_dub]

If a life estate is left to someone in a will and that someone does not occupy the property at the time of death of the person leaving the life estate, is the life estate valid?

Yes, unless the will states that they must occupy the property.

If there is a clause in the will that says "so long as the person resides on the property" and "if that person no longer resides on the property, it goes to all beneficiaries in equal shares", does that affect the validty of the life estate?

Quite possibly, maybe likely, but it is impossible to tell from these little snippets without reading the whole will.

 

[shortstop19]

The section in the will reads:

"To my daughter xxxx xxxxx I leave this real estate to her for life for so long as she lives there and is not married. It is my specific intent that my daughter shall have a life estate in this property for so long as she is living on the property and not married. While xxxx has possession of the life estate she shall be responsible for the maintenance of the property and this shall include insurance and payment of taxes. In the event of my daughter xxxx's death the property belong to my three (3) sons equally, and if any or all of them shall have predeceased xxxx, his share shall pass per stirpes. In the event xxxx no longer resides on the property or if and when she marries, the property shall be owned by my four (4) children in equal shares, and if any or all of them shall have died, his or her share shall pass per stirpes."

At the time the will was written, both Mother and daughter resided on the property, but the daughter, with the assistance of the mother, bought a house about 3 years later and both resided at the new residence for about 6 years until the death of the Mother. At the time of her death, the original property was used as rental property and had been for 5-6 years. The daughter still resides in the property she purchased.

Is there case law or a Kentucky statute that makes this situation a little clearer? Is the life estate valid or not?