Ellen holds a life estate in a farmhouse in rural Missouri, with her daughter Fran named as the remainderman. Ellen wants to sell the farmhouse outright to a third-party buyer. Which statement correctly describes Ellen's authority to convey the property under Missouri law?
Correct Answer
A) Ellen may convey only her life estate interest; she cannot convey Fran's remainder interest without Fran's joinder in the deed.
A life estate holder in Missouri has the right to use, possess, and enjoy the property during their lifetime, and may also convey or encumber their life estate interest. However, a life estate holder cannot convey more than they own — they cannot transfer the remainderman's future interest without the remainderman's participation. If Ellen wants to sell the entire fee simple interest (including Fran's remainder), both Ellen and Fran must join in the deed. Ellen acting alone can only convey a life estate pur autre vie (a life estate measured by Ellen's life) to a buyer, which terminates when Ellen dies.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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