QUESTION
How should this be interpreted and how can a definitive interpretation be established or removed so that it does not become an ongoing legal issue?
Asked on Mar 15th, 2012 on Wills and Probate - Tennessee
More details to this question:
My question deals with a conditional life estate bequeathed in a will. I have quoted the exact wording from the will below and would like to understand via opinions how to interpret them.
There is a redefinition of cohabitation and it is not unique to the home and realty. If she is to be admitted to a hospital with multiple patients in a room, does she violate the condition? If she has farmworkers residing in separate quarters on the realty, does it violate the condition?
There is a condition related to the term "pets" that could be interpreted in many ways. Only her pets or others? Is a goldfish, pig or a horse a pet or?
Here is the wording from the will;
"The life estate in the home and realty, if occurs, is to continue until she remarries, cohabits with anyone (cohabitation defined by this Testator as a non-relative male or female staying overnight on one occasion), has more than two pets at one time living in the home or on the realty, or until her death, whichever is first to occur
1 ANSWER
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Although the language in the Will is less than artful, the actual interpretation of the words depends on the interpretation of the particular judge who gets the lawsuit. You and I can only guess. In my experience, a judge is unlikely to rule that a hospital stay ends the life estate. However, due to the unusual restriction, a judge would most likely take a relatively strict, but not unreasonable view. As for the pets, a judge is likely to use a dictionary definition. Most judges undoubtedly look unfavorably on a person who is trying to press the clumsy wording to some absurd limit, such as complaining about two guppies that unexpectedly procreate. You should not drag this one into court without an obvious breach of the wording, and in any case, choose your lawyer with care!To your success,Gale Allison, Principal AttorneyAllison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com
Answered on Apr 02nd, 2012 at 4:32 PM