Larsen v. StackAnnotate this Case
The Supreme Court affirmed the decision of the circuit court interpreting certain provisions of the will of Sandra Larsen's late husband and determining that Sandra did not have a life estate in the decedent's property, holding that the circuit court did not err.
The decedent's will divided his estate between Sandra, his children, Pamela and Kirk, and his grandchildren. Pamela and Kirk filed a complaint for declaratory judgment requesting the circuit court to construe the terms of the decedent's will and determine the extent of Sandra's interest in the decedent's house and farm. The circuit court determined that Sandra did not have a life estate in the property, noting that Sandra's rights to the property were subject to be terminated when she was no longer physically or mentally able to reside in the home. The Supreme Court affirmed, holding (1) the decedent's will did not gave Sandra a life estate in the property; (2) Pamela and Kirk had concurrent rights to access and use the property; and (3) parol evidence was necessary to interpret the scope of Sandra's rights.