Remainderman
What Is a Remainderman?
A remainderman is the person or entity that receives ownership of property after a prior interest ends. In estate planning, the term is most commonly used in connection with a life estate or certain types of trusts.
The remainderman inherits the property after the life tenant’s rights to the property have ended.
Why It Matters
The remainderman represents the future owner of property that is temporarily controlled or used by another individual. This arrangement allows estate planners to divide property interests across generations.
Life estates and trusts often use remaindermen to ensure property passes to specific beneficiaries at a later time.
How a Remainderman Works
In a typical life estate arrangement:
- a life tenant has the right to use the property during their lifetime
- the remainderman holds the future ownership interest
- ownership automatically transfers when the life tenant dies
The remainderman does not usually control the property while the life tenant is alive but gains full ownership afterward.
Example
A parent leaves a home to their spouse as a life estate. After the spouse dies, ownership passes to the children as remaindermen.
Remainderman vs Life Tenant
- A life tenant has the right to use property during their lifetime.
- A remainderman becomes the owner after the life tenant’s interest ends.
FAQs About Remaindermen
Can a remainderman sell the property before the life tenant dies?
Generally not without the life tenant’s agreement.
When does the remainderman gain ownership?
Ownership transfers when the life tenant’s interest ends.
Can multiple remaindermen exist?
Yes. Property may pass to multiple individuals.
Related Terms
