Which estate is fully transferable during the life and is generally not devisable or descendible?

Prepare for the Themis MBE Real Property Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your test!

Multiple Choice

Which estate is fully transferable during the life and is generally not devisable or descendible?

Explanation:
The key idea is that a life estate can be transferred during the holder’s lifetime (alienable inter vivos) but cannot be passed by will or to the holder’s heirs. A life estate lasts for the life of the measuring person, and when that life ends, the estate terminates and ownership passes to the future interest holder (the remainderman) or reverts to the grantor. Because the interest ends at death, there’s nothing for heirs to receive by devise or by intestate succession, which is why it’s not devisable or descendible. This combination—transferable during life, but not passable by will or to heirs—fits the description provided.

The key idea is that a life estate can be transferred during the holder’s lifetime (alienable inter vivos) but cannot be passed by will or to the holder’s heirs. A life estate lasts for the life of the measuring person, and when that life ends, the estate terminates and ownership passes to the future interest holder (the remainderman) or reverts to the grantor. Because the interest ends at death, there’s nothing for heirs to receive by devise or by intestate succession, which is why it’s not devisable or descendible. This combination—transferable during life, but not passable by will or to heirs—fits the description provided.

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