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Under this arrangement, the life tenant receives income for life, but they cannot access the principal amount. No matter what type of property is involved in a life estate, the life tenant cannot sell it or borrow money against it without the agreement of the remainderman.
When the life tenant dies, the remainderman typically receives a step-up tax basis in the property. This means the remainderman takes ownership of the home at its fair market value at the time of the life tenant's death. This can save the remainderman capital gains tax when the property is sold.
A remainderman is a property law term that refers to a person who stands to inherit property at a future point in time upon the termination of a preceding estate?usually a life estate. A remainderman is a third person other than the estate's creator, initial holder, or either's heirs.
A life estate (or "life interest") is an interest in real or personal property that is limited to the life of the client. The life interest is lost, upon the death of the client. Do not treat the life estate as an available asset. However, a lien may be filed on real property. See PM 23-09-01 for liens.
Lady bird deeds are a specialized type of life estate deed recognized in only a handful of states?including Florida, Texas, and Michigan but not including Illinois.