Also known as:lifehold · life hold · life-holds · life estate · life tenancy
Written by attorneys · grounded in primary & secondary sources — see below
An estate in land whose duration is measured by the life of one or more designated persons. The holder enjoys possession and use for that measuring life but holds no inheritable interest beyond it.
Sources & Authorities
How it applies
Common Examples
6
Homestead Life Estate Charged Against Allowance
After Liam Larson died domiciled in the state, his surviving spouse Lucia Lopez received a constitutional homestead life estate in the family home under the state constitution. The personal representative valued that life estate at $40,000 and charged it directly against her statutory homestead allowance. Because the home formed part of the estate but for the constitutional provision, the charge reduced the cash she ultimately received from the probate distribution.
Father's Gift of Remainder With Retained Life Estate
Lance Lee executed a deed conveying a valuable painting to his son Levi Lowe while expressly reserving a life estate for himself. Lance retained possession and displayed the painting until his death. Upon Lance's death the court recognized that Levi had held a remainder interest subject to his father's life-hold and ordered the painting delivered to Levi.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Restatements
Dictionaries
Gruen v. Gruen496 N.E.2d 869
Life Tenant Seeking to Sell Property
Laura Lewis held a life estate in a large farm under her late husband's will. The property had declined in value and produced little income. Laura petitioned the court for authority to sell the land and invest the proceeds, arguing that the life-hold prevented her from realizing full economic benefit during her lifetime.
Baker v. Weedon262 So. 2d 641
Oral Promise of Life Estate in Home
Leah Lamb moved into a house owned by her brother after he orally promised she could live there for the rest of her life in exchange for caring for him. After the brother's death his heirs sought to evict Leah. The court held that the oral promise created no enforceable life-hold because the statute of frauds required a writing for an interest in land.
Burns v. McCormick135 N.E. 273 (N.Y. 1922)
Joint Tenancy With Right of Survivorship
Lighthouse Shipping and its president held title to waterfront property as joint tenants. When the president died, the company claimed the entire parcel by right of survivorship. The court confirmed that the president's life-hold terminated at death, extinguishing any mortgage lien that had attached only to his interest.
Tenhet v. Boswell(1976) 18 Cal. 3d 150, 155, 133 Cal. Rptr. 10, 554 P.2d 330
Attempted Conveyance of Remainder After Life Estate
Lexicon Media conveyed property to its founder for life with remainder to his heirs. The founder later attempted to convey the entire fee to a third party. The court held that the life-hold limited the founder to conveying only his life estate, leaving the remainder intact for the heirs.
Doctor v. Hughes225 N.Y. 305, 122 N.E. 221, 222
Common questions
Frequently Asked
3
How does a constitutional homestead life estate affect the surviving spouse's statutory homestead allowance?+
The value of the constitutional homestead life estate received by the surviving spouse is charged against the statutory homestead allowance to the extent the family home forms part of the decedent's estate. This prevents double recovery of both the life estate and the full cash allowance.
Supporting sources
Can a donor validly give a remainder interest while retaining a life estate in the same property?+
Yes. A donor may convey a remainder while expressly reserving a life estate for himself. The donee receives a future interest that becomes possessory only upon the donor's death, and the reservation is fully enforceable.
Supporting sources
When may a life tenant obtain court approval to sell the property?+
A life tenant may petition for sale when the property produces insufficient income or has declined in value such that preserving the life-hold would work a hardship. The court balances the interests of the life tenant and remaindermen before authorizing the sale and investment of proceeds.
496 N.E.2d 869Property
…that he has never had possession of the painting but asserts that his father made a valid gift of the title in 1963 reserving a life estate for himself. His father retained possession of the painting until he died in 1980. Defendant, plaintiff’s stepmother, has the painting now and has refused plaintiff’s requests that she turn…