Legal Question in Wills and Trusts in Arizona

Conflicting Bequeaths
My sister and I ( the last living adult children ) of our Father, have been named in his will to receive his entire estate, both real and personal in equal shares. That is on line one of his will.

The second line states that he would like his dear friend, and life-long companion ( a live-in woman friend )to have the use of a home he has in Arizona. He states it is for as long as she needs it for her perminent residence.

My Father was separated from our Mother for over (30) years but refused to grant her a divorce. This woman has lived in the family home(s) NY & AZ for that time while he was still married until my Mother's death 2 years ago.

Question: Is ther a legal conflict of bequeaths here? To grant my sister and I his entire estate ( including the homes ) and then in the same document give the use of ''Our'' home to this woman for as long as she needs it?

Can you help me with understanding this? Our home state and the will is drawn in NY. The second home is in AZ.

Thank You

BJ Siragusa

Asked on 7/25/02, 5:42 pm

Sarah Klug Law Office of Sarah Scova Klug PLLC

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Re: Conflicting Bequeaths

A life estate allows a person called the beneficiary or the life tenant to enjoy the use of the property during his lifetime.

The beneficiary, during his lifetime, is entitled to (a)live on the property and/or (b) profit from it (i.e., rent).

At the time of the beneficiary's death, the property reverts back to the remainderman (you and your sister).

Answered on 7/25/02, 7:47 pm

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