Life Estate in United States

Life Estate Definition

An estate whose duration is limited to the life of the party holding it, or of some other person; a freehold estate, not of inheritance. 4 Kent, Comm. 23, 25.

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Legal Issue for Attorneys

An estate whose duration is limited to the life of the party holding it, or of some other person; a freehold estate, not of inheritance. 4 Kent, Comm. 23, 25.

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This definition of Life Estate is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Plain-English Law

Life Estate as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

A property interest that provides the right to live in or use, but not own, a specific piece of real estate until death.

Practical Information

Note: Some of this information was last updated in 1982

An interest in property, real or personal, that lasts only for the duration of the owner’s life. A life estate may also be for the duration of another’s life or may terminate with the happening of a certain contingency. For example, a life estate may terminate upon the marriage of the owner. This estate may be created by an act of the parties, as by deed (in U.S. law), will (in U.S. law) , or GIFT; or by operation of law, as by dower or curtesy. The owner of a life estate (called the life tenant) has the current use of the property and is responsible for its maintenance, including taxes and carrying charges. He or she also gets the income from the property, but cannot ordinarily sell the property or do anything to impair its permanent value. However, the life tenant may be allowed to sell or consume property as a means of support if the deed or will so provides. The life tenant cannot dispose of the property upon death. The person, or persons, to whom the estate passes upon termination of the life estate is determined when the life estate is created. The estate that is left at the termination of the life estate is called a remainder; the person to whom it passes is a remainderman (plural, remaindermen).

(Revised by Ann De Vries)

What is Life Estate?

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