Which type of life estate is created by the owner's deed or will?

Study for the Burk Baker National Test. Use flashcards and multiple choice questions with hints and explanations to prepare effectively. Get ready for your exam!

Multiple Choice

Which type of life estate is created by the owner's deed or will?

Explanation:
Conventional life estate is created by the owner's deed or will. In this setup, the grantor transfers ownership to a life tenant for the duration of that person’s life, and a future interest (reversion to the grantor or remainder to someone else) takes effect after the life tenant dies. This distinguishes it from legal life estates, which arise by statute rather than a deed or will (such as dower or curtesy). It also differs from fee simple states of ownership: a fee simple absolute is full ownership with no life-limiting condition, and a fee simple defeasible can be defeated upon certain conditions, not a life estate. So the life estate created by the owner's deed or will is conventional life estate.

Conventional life estate is created by the owner's deed or will. In this setup, the grantor transfers ownership to a life tenant for the duration of that person’s life, and a future interest (reversion to the grantor or remainder to someone else) takes effect after the life tenant dies. This distinguishes it from legal life estates, which arise by statute rather than a deed or will (such as dower or curtesy). It also differs from fee simple states of ownership: a fee simple absolute is full ownership with no life-limiting condition, and a fee simple defeasible can be defeated upon certain conditions, not a life estate. So the life estate created by the owner's deed or will is conventional life estate.

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