Also known as: liferent · life rent · liferents · life estate
Written by attorneys · grounded in primary & secondary sources — see below
A possessory estate in property measured by the life of a designated person. The holder enjoys use and income during the measuring life while the remainder or reversion follows upon death of that life.
After her husband's death, Lila Lin receives a constitutional homestead right in the family home that functions as a life-rent. The probate court values that life-rent and charges it against her statutory homestead allowance under the uniform code. The remainder of the allowance is then paid from other estate assets.
Logan Lane's father executes a deed conveying a painting to Logan but expressly reserves a life-rent for himself. The father keeps possession and enjoyment until his death. Upon the father's death the court declares that Logan holds full title free of the life-rent.
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Lucas Lee holds a life-rent in a historic mansion under his mother's will. He removes load-bearing walls and stops repairs, impairing the property's value. The remainderman sues and obtains an injunction plus damages measured by the reduction in security value.
Luis Lopez orally promises his niece a life-rent in a cottage if she cares for him. The niece performs the services for years. The court refuses to enforce the oral promise because it lacks a signed writing required by the statute of frauds.
Leah Lamb and her sister hold Blackacre as joint tenants. Leah conveys her interest to a third party while retaining a life-rent measured by her own life. The conveyance severs the joint tenancy and the life-rent continues until Leah's death.
Lorenzo Lugo and his brother hold property as joint tenants with right of survivorship. Lorenzo executes a deed purporting to convey a life-rent to himself and the remainder to his daughter. The deed severs the joint tenancy and creates a tenancy in common subject to the life-rent.
A life-rent ends automatically upon the death of the measuring life. A fee simple continues indefinitely and passes to heirs or devisees.
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Yes. Under Uniform Probate Code section 2-402A the value of a constitutional homestead life-rent received by a surviving spouse is charged against the spouse's homestead allowance to the extent the home is part of the decedent's estate.
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Yes. Removing load-bearing walls or failing to maintain the property constitutes waste when it reduces value or violates mortgage covenants. The remainderman or mortgagee may obtain injunction and damages.
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No. The statute of frauds requires a signed writing for any conveyance of an interest in land, including a life-rent. Performance of services alone does not satisfy the writing requirement.
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…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…