A life tenant has the right to occupy a property for life. The instrument creating the life estate states that, when the life tenant dies, title will pass to a specifically named third party. What interest does that third party hold?
The correct answer is B, Remainder interest. A life estate gives one person—the life tenant—a present possessory interest measured by a human life. When that life estate terminates, the future ownership can pass either back to the person who originally created the life estate or to another designated party.
If the property returns to the original grantor, the future interest is called a reversion. When the instrument instead names a third party who will receive the estate after the life tenant ' s death, that third party holds a remainder interest.
This distinction is explicitly reflected in the current Massachusetts salesperson examination bulletin. Its sample questions identify a remainder estate as the interest held by a person who receives property following the death of the person granted lifetime use.
The remainderman has a future interest while the life tenant is alive and must generally wait until termination of the life estate to obtain possession.
Study Guide Reference: Property Ownership — Life Estates, Remainders and Reversions.
Contribute your Thoughts:
Chosen Answer:
This is a voting comment (?). You can switch to a simple comment. It is better to Upvote an existing comment if you don't have anything to add.
Submit