Max and Carolyn Dorris conveyed real property in Calhoun County, Mississippi, to their sons Kenneth and Brian, reserving life estates to themselves. (This means Max and Carolyn had the right to use and possess the property during their lifetimes, but Kenneth and Brian – the remainder owners – would become full owners at their deaths.) Kenneth died in December 2018. His will devised his estate to his daughters Kathryn and Kay. Glenda Moore, claiming to be a creditor of Kenneth’s estate, filed a claim for over $79,000. She and the estate eventually settled her claim. The settlement agreement, which was approved by the chancellor, stated that if any future assets of Kenneth’s estate were found after it closed, Glenda would receive half of those future assets.

Max died before Carolyn, and Carolyn died in April 2020. Glenda moved to reopen Kenneth’s estate in April 2023, asserting that Kenneth’s remainder interest in Carolyn’s property was a future interest in the Calhoun County properties in which Max and Carolyn held life estates. Glenda claimed that when Carolyn died, her interest in the Calhoun County properties vested in Kenneth’s estate and thus Glenda was entitled to half of the estate’s interests in the Calhoun County properties. Following subsequent briefing and a hearing, the chancellor denied Glenda’s request, finding that a life estate does not “fall within the category of” future assets. Glenda appealed.

The appellate court affirmed the chancellor’s judgment. Because Kenneth predeceased Carolyn, his devisees (i.e., Kathryn and Kay) inherited his vested remainder interests, which became full possessory interests when Carolyn died. Any future interests in the Calhoun County properties Kenneth or his devisees held were extinguished when Carolyn died.

The opinion stated the law about life estate and remainder interests as follows: “when a grantor conveys a remainder interest to the grantee and retains a life estate, the effect is to “vest

[the interest] in the grantee effective upon delivery of the deed,” while “postponing only

the grantee’s right of possession or occupancy… Upon the death of the grantor, the remaining interest in the property—i.e., “the possession, use[,] and enjoyment of the property” transfers to the grantee… If the grantee dies before the grantor, the remainder interest does not lapse because it was vested. Instead, it passes to the grantee’s heirs or devisees.” (citations omitted)

Read the Estate of Dorris opinion here.