What Is A Remainderman In A Life Estate?

Who is the Remainderman in a life estate?

The remainderman is the person who receives the real estate on the life estate deed.

If the remainderman dies before the life estate holder, his interest in the property may pass to his heirs or any other remaindermen named on the life estate deed.

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.

What is a life estate and how does it work?

In common law and statutory law, a life estate (or life tenancy) is the ownership of land for the duration of a person’s life. In legal terms, it is an estate in real property that ends at death when ownership of the property may revert to the original owner, or it may pass to another person.

What is an example of a life estate?

The current owner (grantor) is usually also the life tenant. For example, there may be two grantors, three joint life tenants, and one remainder beneficiary. Example: Peter creates a life estate deed transferring his property to himself, as life tenant, with the remainder to Paul and Mary.

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).

Who pays taxes in a life estate?

When retaining a Life Estate in the property, you are not transferring or giving the entire interest in the property away. Instead, the remainder persons are given today the right to own the property after you pass away. The life tenant is responsible for the payment of real estate taxes on the property.

Can a Remainderman sell his interest in a life estate?

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.

Can a property with a life estate be sold?

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. If a remainderman wants to sell the property, the only way of doing so is to obtain a release of the life estate from the life tenant.

What is the purpose of a life estate deed?

Typically, the purpose of a life estate deed is to provide for the transfer of the property to the desired person(s) (remainderman) automatically at the death of the property owner who retained the life estate (“life tenant”), without the necessity of probate.

What are the benefits of a life estate?

Benefits of a Life Estate

  • The right to live in the home until death;
  • Maintaining a $250,000 capital gains exclusion provided you resided in the home two (2) of the last five (5) years;
  • The right to keep a portion of the sale proceeds of the house if it is later sold;
  • The right to rental income;

What are the two types of life estates?

The two types of life estates are: conventional and the legal life estate. grantee, the life tenant. Following the termination of the estate, rights pass to a remainderman or revert to the previous owner.

How do you calculate the value of a life estate?

life estate rate). The value of the remainder is found by taking the resulting life estate value and deducting it from the value of the property (or multiplying the value of the property by the remainder rate).