Also known as: à terme de sa vie · life interest · life estate
Written by attorneys · grounded in primary & secondary sources — see below
A possessory estate in land whose duration is measured by the life or lives of one or more specified human beings. The estate ends automatically upon the death of the measuring life or lives and carries no right of inheritance.
After her husband's death, Anita receives a constitutional homestead right in the family home that functions as a terminable life estate shared with their minor children. The probate court values that life estate and charges it against her statutory homestead allowance under the uniform code. The remaining allowance is paid from other estate assets.
Albert transfers title to a valuable painting to his son Andrew while expressly reserving the right to possess and enjoy the painting for the rest of his own life. Andrew holds only a future interest until Albert dies. Upon Albert's death the life estate terminates and Andrew's remainder becomes possessory.
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Ava promises Adrian that he may live in her farmhouse for the rest of his life in exchange for caregiving services. Adrian moves in and performs the services for several years. When Ava later attempts to evict him, the court enforces the life estate measured by Adrian's lifetime.
Avalon Pharmaceuticals and its founder hold Blackacre as joint tenants. The founder conveys her interest to her daughter Ariana for the term of Ariana's life. Upon the founder's death the joint tenancy severs and Ariana's life estate continues until her own death.
Andrew's will leaves his residence to his niece Anita for the term of her life provided she never remarries. Anita takes possession and remains unmarried. The life estate continues until Anita's death or remarriage, at which point the remainder vests in the residuary beneficiaries.
Adrian conveys his vacation cabin to his brother but reserves the right to occupy it for the remainder of his own life. The deed is recorded. Adrian continues to use the cabin seasonally until his death, at which point full possession passes to his brother.
A life estate measured by the grantee's own life ends automatically at the grantee's death. One measured by a third party's life continues until that third party dies even if the life tenant has already died. The measuring life determines duration in either case.
A life tenant may mortgage or convey the life estate itself. The transferee receives only the same limited duration measured by the original life. The mortgage or sale does not affect the remainder.
The life estate terminates automatically. Any remainder or reversion following the life estate becomes immediately possessory without further action by the court.
…that he has never had possession of the painting but asserts that his father made a valid gift of the title in 1963 reserving a life estate for himself. His father retained possession of the painting until he died in 1980. Defendant, plaintiff’s stepmother, has the painting now and has refused plaintiff’s requests that she turn…