Who is the Seller When a Life Estate is Sold?

Q: Can the remainderman of a life estate sell the property?

The remainderman can sell their interest in the property, but they cannot sell the property itself until the life tenant passes away. The life tenant retains the right to use the property during their lifetime. Once the life tenant dies, the remainderman's ownership becomes full and they can then sell the property outright.

Q: Can a remainderman be removed from a deed?

Removing a remainderman from a deed typically requires the consent of both the life tenant and the remainderman. If both parties agree, they can execute a new deed that reflects the change. However, if the remainderman does not consent, the life tenant generally cannot unilaterally remove them from the deed.

Q: What rights does a remainderman have?

A remainderman has the right to inherit the property once the life tenant passes away. They cannot use or occupy the property while the life tenant is alive. Additionally, a remainderman can sell or transfer their interest in the property, but this does not affect the life tenant's rights during their lifetime.

Full question:

When real estate with a life tenant and a remainderman (both still living) is sold by the life tenant , who is the seller? A warranty deed was signed by both parties.

Category: Real Property
Subcategory: Sales
Date: 04/07/2025
State: Idaho

Answer:

The answer will depend on whether only the life estate was transferred or the remainder interest as well, as indicated by the language in the deed. A life tenant can sell or mortgage his or her life interest, but the interest sold or mortgaged is limited to the lifetime of the seller or mortgagee. Although the life tenant can sell the life estate, the buyer would have ownership rights only as long as the original life tenant lived. A remainder interest may also be sold. If you are unsure of the details of the transaction, we suggest you consult a local attorney who can review the documents involved.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a will override a life estate deed?

A will generally cannot override a life estate deed. A life estate deed creates a legal right for the life tenant to use the property during their lifetime. Once the life tenant passes away, the property automatically transfers to the remainderman as specified in the deed. However, a will can affect other aspects of the estate but cannot change the terms of an existing life estate deed.

Can the remainderman of a life estate sell the property?

Does a will trump a life estate?

A will does not trump a life estate. The terms of a life estate deed dictate what happens to the property upon the life tenant's death. A will may distribute other assets but cannot change the ownership established by a life estate. The property will pass to the remainderman as outlined in the deed, regardless of what the will states.

Can a remainderman be removed from a deed?

What rights does a remainderman have?

Does a life estate deed supersede a will?

Yes, a life estate deed supersedes a will regarding the property covered by the deed. The life estate deed dictates the ownership and transfer of the property upon the life tenant's death, while a will cannot alter these terms. Therefore, the property will pass to the remainderman as specified in the deed, regardless of any conflicting instructions in a will.