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The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
The intestacy laws of certain American states, limit the surviving spouse's rights (inheritance) to the deceased spouse's real estate to a life estate. Louisiana, applying civil law, has a similar default provision in intestate successions called a usufruct, which is only over community property and ends with the earlier of death or remarriage.
Texas law states "No conviction shall work corruption of blood or forfeiture of estate." However, if a beneficiary of a life insurance policy or contract is convicted and sentenced (including accomplices) in willfully bringing about the death of the insured, proceeds are then paid in accordance with the Texas Insurance Code. [22]
Sources. Average US Mortgage Debt Increases to $244,498 in 2023, Experian.Accessed July 18, 2024. 2024 Wills and Estate Planning Study, Caring.Accessed July 18, 2024.
How to Transfer Property Out of a Trust After Death. Transferring property out of a trust is the trustee’s job. Generally, after the trustor passes away, the trustee notifies the trust’s ...
In 1991 Louisiana abolished the forced heirship provision for spouses; however, at death the spouse's interest in any community property is converted to his or her separate property; and a usufruct is granted over the remaining community (with the forced heirs as naked owners of their respective shares). That usufruct terminates at death or ...