Home Real Property General Property Law Life Estate: Best Way to Transfer Real Estate After Death
Life Estate: Best Way to Transfer Real Estate After Death PDF Print E-mail
Written by B. Clark, Esq.   
Wednesday, 23 February 2011 18:03

A life estate is a concept used in common law and statutory law to designate 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 there is a "reversion" to the original owner. The owner of a life estate is called a "life tenant".

 

Although the ownership of a life estate is of limited duration because it ends at the death of the person who is the "measuring life," the owner has the right to enjoy the benefits of ownership of the property, including income derived from rent or other uses of the property, during his or her possession. Because a life estate ceases to exist at the death of the measuring person's life, this temporary ownership agreement cannot be left to heirs (intestate) or devisees (testate), and the life estate cannot normally be inherited (but see Life Estate Pur Autre Vie, and Estate for Term of years). At death, the property involved in a life estate typically falls into the ownership of the remainderman named in the life estate agreement.

 


Last Updated on Friday, 25 February 2011 23:14
 
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