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The Life Estate Or Remainder Interest In Property displayed on this page is a reusable official template created by expert attorneys in compliance with federal and local statutes and regulations. For over 25 years, US Legal Forms has offered individuals, businesses, and lawyers more than 85,000 authenticated, state-specific forms for any commercial and personal situation. It’s the quickest, most direct, and most dependable method to acquire the documents you require, as the service ensures the utmost level of data protection and anti-malware security.
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A life estate is an interest in property that lasts only for the life of a specific person, usually the possessor of the estate. The owner of a life estate cannot leave the property to anyone in their will as their interest in the property will terminate at their death.
The remainder interest is the value of the property or a portion of the value inherited by the remainderman upon the death of another heir. A remainder interest is established by a deed, trust or will when the life estate is created.
A remainder interest is the right to use, possess, or enjoy property when the prior interest (term or life) ends. Mathematically, the value of a remainder interest is found by subtracting the present value of the prior interest from the entire fair market value of the property.
The individual holding the life estate ? the life tenant retains the legal right to possess and use the property during their lifetime. Upon the death of the life tenant, the property passes to the person or person who hold the remainder interest ? without the need for probate.
For example, speaking to physical property, if the owner of the property bequeaths a piece of property to Person A for life and then to Person B upon Person A's death, Person B is the rightful owner of a future interest, i.e., the remainder.