UBE Sample Question

Question

An elderly man died. In his will, he bequeathed his house, property, and personal belongings to his wife, so long as she remained his widow. If she remarried, or when she died, the inheritance was to be passed on to his daughter. Which one of the following estates in real property most closely reflects the wife’s interest in her husband’s property? A. It is a fee simple with a precedent condition., B. It is a fee simple absolute., C. It is a vested and contingent remainder., D. It is a life estate that ends at the remarriage or death of the wife, with a remainder to the daughter.

Answer 1

Question could be worded better . . . but D is the best answer.

The gift by will to the decedent's surviving spouse will pass upon the spouses death to the decedent's daughter. This most closely resembles a life estate. The provision that purports to terminate the spouse's ownership interest upon her remarriage may be challenged as violative of public policy. In homestead states however, it is common that the marital homestead will temporarily vest in the surviving spouse and miinor children for as long as the surviving spouse lives or until he or she remarries, and in the case of children, until they reach majority age.