In 1877, my ancestor wrote his will and gave his wife a life estate in his real property. Upon her death, the real estate was to be divided among their three surviving children. It can be tempting to say “oh how gracious of him to do this” and focus on how this bequest limited what his wife could do with the property. It did limit what she could do with it. However, as long as the property taxes were paid, it kept her from losing it, kept someone from influencing her into selling it, kept it from going to pay the debts of a subsequent husband, made it impossible for her to mortgage or sell it to pay the debts of a child, etc. She could use the […]
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