Remes v. Robison (In Re Van Houten)

OPINION

LAURENCE E. HOWARD, Bankruptcy Judge.

REMAINDER INTEREST AND PROPERTY OF THE ESTATE

The trustee, Richard C. Remes, asks the Court to declare the life estate of Bertha Robison invalid. Alternatively, the trustee requests the debtor’s interest as remainder-man be recognized as property of the estate and that he be permitted to sell the property. Defendant Bertha Robison denies the trustee’s allegations and prays this Court to declare that the bankruptcy estate has no interest whatsoever in the subject real estate.

At the trial, the following facts became clear. Bertha Robison wrote to the…