Which statement is TRUE regarding a life estate?
Audio Lesson
Duration: 3:04
Question & Answer
Review the question and all answer choices
It must be measured by the life of one
A life estate is not limited to being measured by one life. It can be created to last for the life of one person, multiple persons (joint life estate), or even the life of someone other than the holder (measuring life estate).
Because it is based on life, it may not be
Life estates can be sold or transferred, though the transferee only gets the remaining duration of the original life estate. They are not prohibited from being transferred, just limited in their duration.
It may be created by will or deed.
It requires that the holder make principal
Life tenants have no obligation to make principal payments. They are entitled to use the property and receive income (like rents) during their lifetime, but they cannot waste the property or commit waste.
Why is this correct?
Life estates can be created by will or deed, making option C correct. This is a fundamental characteristic of life estates, allowing them to be established either during the grantor's lifetime through a deed or after death through a will.
Deep Analysis
AI-powered in-depth explanation of this concept
Understanding life estates is crucial in real estate practice because they affect property ownership, transfer, and estate planning. A life estate is an ownership interest that lasts only for the duration of a person's life (the life tenant). The question tests fundamental knowledge about life estates. Option A is incorrect because life estates can be measured by multiple lives (joint life estates). Option B is incorrect because life estates can be sold, though with limitations. Option C is correct as life estates can indeed be created by will (testamentary) or deed (inter vivos). Option D is incorrect because life tenants have no obligation to make principal payments. This question challenges students who might confuse life estates with fee simple ownership or other types of estates.
Knowledge Background
Essential context and foundational knowledge
A life estate is a type of freehold estate that lasts only for the duration of a specified person's life (or lives). It originated in common law as a way to provide for someone during their lifetime while eventually passing the property to another person (remainderman). The life tenant has rights to use the property and receive income but cannot commit waste (damage or devalue the property). After the life tenant's death, the property automatically passes to the remainderman. Life estates are important in estate planning to provide for surviving spouses or other dependents while ensuring the property ultimately passes to intended heirs.
LIFE: Limited duration, Income rights, Future interest transfers, Enjoyment only during lifetime
Remember that LIFE estates are Limited in duration, give Income rights, create Future interests for others, and provide Enjoyment only during the measuring life(s)
When questions mention 'life estate,' immediately consider creation methods (will/deed) and limitations on the life tenant's rights. Remember that 'life' in the name refers to duration, not necessarily who holds the estate.
Real World Application
How this concept applies in actual real estate practice
A widow named Helen creates a life estate for herself in her family home through her will, with the remainder interest going to her daughter. Helen can live in the home for the rest of her life and even collect rental income if she chooses to rent it. However, she cannot sell the property permanently or make major changes that would decrease its value. When Helen passes away, her daughter automatically becomes the full owner of the property without needing to go through probate for this specific asset.
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