Skip to main content

Who is the owner of the house when the deed is worded like this: (Name) as to a life use and (Name) as remainderman

Douglassville, PA |

I believe the owner would be person who has the life use and the person listed as the remainderman inherits the house when life use person passes away. Please help me clear this up. Thanks!

Attorney Answers 3


  1. In essence, you are correct. The person listed first has a "life estate" in the property. He/she generally has exclusive use of the property until death, and then title is vested in the remaindermen. However, there are restrictions on what the "life tenant" can do with the property during their life. Actions that impair the value of the property or the interest of the remaindermen are not permitted, and the remaindermen can seek a court order to oppose them.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    This communication does not constitute legal advice and does not establish an attorney/client relationship. If you are seeking legal advice, feel free to contact our offices.


  2. They are both owners, in that they each have part of the bundle of rights that constitutes fee simple ownership. Each must respect the rights of the other. The life tenant cannot destroy or dissipate the property so that the remainderman receives less. The remainderman cannot take possession until the life tenant dies.

    Clifford L Tuttle, Jr
    Attorney at Law
    Pittsburgh, PA

    The foregoing answer does not constitute legal advice and does not create a lawyer-client relationship. Answers are based upon the facts stated and may change if there are additional facts not contained in the question.


  3. To be specific, upon the creation of this arrangement, by Deed, the life tenant has a present right to use and enjoy the entire real estate until the date of his or her death. The remainder person does not "inherit" anything. Instead, the remainder person has been presently given absolute ownership in the real estate which is only triggered by a future event. That event being the death of the life tenant.

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics