Real property – Life estate – Waste
Where a judge terminated a defendant’s life estate based on a finding that he committed waste and (2) awarded damages to the plaintiff holder of a remainder interest, the damages award was proper but...
View ArticleWills and trusts – Marital home – Life estate – Sale proceeds
Where a judge found that a widow received a life estate/term estate in the marital home that would terminate either upon her death or the sale of the property and that she was not entitled to any...
View ArticleBankruptcy – Homestead – Life estate
Where Chapter 7 debtors have claimed a homestead exemption, the debtors are entitled to homestead protection for their life estate interest beyond the automatic $125,000 homestead exemption provided...
View ArticleBankruptcy – Trust amendment – Life estate – Homestead
Where debtors seek to prevent the Chapter 7 trustee from amending a trust document to permit him to sell certain real estate upon which they have a valid homestead exemption in a life estate, the...
View ArticleWills and trusts – Life estate – Remainder
Where a trust granted a defendant a life estate, the defendant possesses a life estate in the remainder interest of the trust, which can be exercised only after the life estates of her two sisters have...
View ArticleBankruptcy – Homestead – Remainder interest – Life estate
Where a debtor has moved to avoid judicial liens, the motion must be allowed given that enforcement of the liens would impair the debtor’s homestead exemption. “… [Douglas] Grasso maintains that the...
View ArticleAttorneys – Malpractice – Life estate
Where a judge awarded a defendant attorney and his co-defendant law firm judgment notwithstanding the verdict after a jury awarded a plaintiff client $100,000 in a legal malpractice suit, the verdict...
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