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The remainderman can sell their interest as a remainderman in the property subject to the life estate. The life tenant has the right to the use and possession of the property for life.
Wiki User
∙ 11y ago
Wiki User
∙ 12y agoYou need to reword your question. A remainderman cannot sell a life estate. A life estate must be released by the life tenant. A remainderman can sell their own interest in the property that is subject to the life estate, However, the grantee would take that interest subject to the life estate.
You need to reword your question. A remainderman cannot sell a life estate. A life estate must be released by the life tenant. A remainderman can sell their own interest in the property that is subject to the life estate, However, the grantee would take that interest subject to the life estate.
You need to reword your question. A remainderman cannot sell a life estate. A life estate must be released by the life tenant. A remainderman can sell their own interest in the property that is subject to the life estate, However, the grantee would take that interest subject to the life estate.
You need to reword your question. A remainderman cannot sell a life estate. A life estate must be released by the life tenant. A remainderman can sell their own interest in the property that is subject to the life estate, However, the grantee would take that interest subject to the life estate.
Wiki User
∙ 15y agoThe remaindermen cannot charge the life tenant rent unless that option was specifically mentioned in the original grant of the life estate.
Generally, the life estate holder has the right to the use and possession of the property for the duration of their natural life.
Wiki User
∙ 12y agoYou need to reword your question. A remainderman cannot sell a life estate. A life estate must be released by the life tenant. A remainderman can sell their own interest in the property that is subject to the life estate, However, the grantee would take that interest subject to the life estate.
Wiki User
∙ 16y agoYes, a remainderman can convey their interest in the property, however, the land so conveyed would be subject to the life estate created in the original instrument.
Wiki User
∙ 10y agoYes, they inherit the property on the death of the life estate holder. It can be earlier if the holder wishes to sell or abandon.
Wiki User
∙ 13y agoYes. The remainderperson can sell their interest in the property but the property remains subject to any life estate.
Wiki User
∙ 10y agoNo, they do not have the ability to change someone else's interest in the property. Unless the previous person signs off on their rights, they still have a claim.
Wiki User
∙ 10y agoThe remainderman has limited rights in the property during the existance of the life estate. They must be allowed reasonable access to ensure that the property is maintaining its value.
Wiki User
∙ 14y agoNo. Not unless that right was reserved somehow in the grant that created the life estate.
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Can a grantee of a life estate serve an eviction?
No, a grantee of a life estate cannot serve an eviction notice to the holder of the remainder interest because they do not own the property in full. The holder of the remainder interest has a legal right to inherit the property after the life estate ends.
Whose financial asset is the life estate the remainder or the life tenant?
Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.
Does the Remainder man inherit the estate if the life tenant dies before the testator?
No. The remainderman doesn't inherit the property until the testator dies. A testator can change their Will any time before their death.
If my daughter dies before me what happens to the life estate I made?
I will assume that you conveyed your real property to your daughter and reserved a life estate in that property. In that case, your daughter is the owner of the property. She can leave it to someone in her will or it will pass to her heirs-at-law under the laws of intestacy in your state. Generally, if she is married with children, her husband and children will inherit the property if she has no will. You can check your state laws of intestacy at the related question link provided below. Your daughter's death will not affect your life estate. Whoever would inherit her property upon her death either by will or by intestacy would inherit it subject to your life estate.
Can a remaindermen sell life estate property in South Carolina?
A person with a remainder interest can sell their interest. However, the property remains subject to the life estate until the life tenant dies or releases their life estate in writing.
Who are the remainder man in a life estate when none are specified in the deed?
You have asked an interesting question. If a person (A) was granted a life estate by deed and there was no remainder interests mentioned in that deed then the fee remains with the owner (B) who granted the life estate. When B dies the property will become part of their estate and will remain subject to the life estate.
When a parent conveys their property to a child but reserves the right to live in the house for the remainder of their life what is that right called?
The parent has retained a life estate in the property.
What does it means when a deed says for life with remainder to?
When a deed says, "For life with remainder to..." it is describing a life estate. That means the grantor is either granting or reserving a life estate in the property for one person(s), i.e., the right to the use and possession of the property for life, and when they die another person(s) will own the property in fee free and clear of the life estate. That second interest is called the remainder interest. The remainders own the fee in the property during the life estate but cannot take possession of the property until the life tenant has died or released their interest in the property. A life estate can also be set forth in a will. Suppose a man's first wife died, the ownership of their home automatically passed to him and they have two sons. He married a widow with two daughters. He made arrangements in his will that his second wife would have the right to live in the home for the duration of her natural life and upon her death the property would pass to his sons free and clear of the life estate. The sons would be the owners of the remainder interest in fee.
What does LE REM mean in a title of a property?
LE stands for Life Estate, which means the person has the right to the property until their death. REM stands for Remainderman, which means someone is to inherit the property once the current owner expires.
My Husband gave lifetime interest in a home he died i inherited property do i have to grant the life interest?
Let's back up a little and clarify this situation.Your husband owned the property. In his will he granted someone a life estate and devised the property to you in fee or as a remainder person. The life estate was granted by the owner of the property. The property is subject to the life estate. You have no power to change it. In order to release the property from the life estate you would need to obtain a release, in writing, from the life tenant.You should consult with an attorney who specializes in probate and real estate law who can review your situation and determine what your options are.
Who is responsible for an existing mortgage on a life estate?
That is a good question, and it depends. If the mortgage was obtained before the life estate was created, but the life tennant and remainder men are "responsible" as the bank can forclose against the entire property. If it was after the life estate was created, then you will have to see if the mortgage attached only to the life estate or the remainder interest (or both.) These details can be found by looking at the title history for the property and the Deed of Trust (and any agreements between the current owners.) As these documents can be legally "dense", you should contact an attorney.
What is a bare life estate?
Can the remainder of a bare life estate transfers their remainder interest to another person while the life tenant is still alive.
