Life Estate

In one sentence

The right to use and enjoy property during someone's lifetime only.

Plain English

A Life Estate gives someone the right to live on or use a property for as long as they live, but they don't own it outright. When that person dies, the property automatically goes to whoever was designated to receive it next (called the remainder person). The person with the life estate can't sell the property outright or leave it to their heirs; their rights end when they die.

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Example

A mother transfers her house to her son but keeps a life estate for herself. She can live in the house and use it for the rest of her life, but when she dies, the house automatically becomes her son's property. She cannot will it to anyone else.

Used in a sentence

“Grandmother retained a life estate in the family home while transferring ownership to her daughter, ensuring she could live there for life.”

Related terms

Fee Simple

Complete ownership of property with no restrictions or time limits.

Remainder Interest

The right to receive property after someone else's temporary interest ends.

Reversionary Interest

The right to reclaim property when someone else's temporary interest ends.

Testamentary Capacity

The legal and mental ability required to make a valid will or trust.

Intestate Succession

The legal process of distributing a deceased person's property when they leave no valid will.

Trust Instrument

The legal document that creates a trust and outlines how assets will be managed and distributed.

Probate

The court process of validating a will and distributing a deceased person's estate.

Elective Share

A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.