Question: Can Remainderman Sell Property?

Yes, the remainderman was legally able to sell/transfer his interest in the real estate without your consent.

Of course, the buyer/grantee takes title subject to your life estate, meaning your life estate still exists.

Does the Remainderman own the property?

The new owner, or remainderman, has an interest in the house or land, but he or she has no right of occupying the property. This also means he or she cannot sell it, rent it or alter it until the life tenant passes on or leaves permanently.

Can someone with a life estate sell the property?

Answer: Someone with a life estate has a right to the use of the asset in which she or he has a life estate for her or his life. Although the life tenant can sell the life estate, the buyer would have ownership rights only as long as the original life tenant lived. A remainder interest may also be sold.

Who owns the property in a life estate?

A life estate deed is a legal document that changes the ownership of a piece of real property. The person who owns the real property (in this example, Mom) signs a deed that will pass the ownership of the property automatically upon her death to someone else, known as the “remainderman” (in this example, Son).

What does it mean to have lifetime rights to a piece of property?

A life estate is an ownership interest in real estate, governed by state law. It gives a person, called a life tenant, the right to live at or use property during his lifetime — but he has no right to sell the property.