This
is also known as a life
interest. Someone having
a life estate has a right
to use the asset in which
he has in a life estate
for his lifetime. The
right can also exist
for the lifetime of somebody
else. The right extends
to use of the asset and
the income derived from
it. However, this right
does not include consuming
the asset.
These
concepts first arose
in resgard to land.
The holder of the life
estate, known as a
life tenant, could
farm the land, sell
the crops and keep
the proceeds. The life
tenant could also reside
in any house located
on the property. However,
the life tenant could
not directly sell the
property. Today, this
concept is usually
applied to financial
assets. The life tenant
has the right to the
income, but not principal.
For sensible reasons,
assets that are to
be used by a beneficiary
for life are, in most
cases, placed into
a trust so that a trustee
will have control over
them with power in
enforcing the terms
of the life tenancy.
If
you would like more
information regarding
asset protection, trusts,
family limited partnerships
or the subject of this
article please call
or email our office.
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