Who Is a Remainderman?
A remainderman is the person who will receive property after a prior interest — usually a life estate — ends. When an owner gives someone the right to use property for life, the remainderman holds the "remainder": the right to full ownership once the life tenant dies. The remainderman owns a present future interest, even though possession comes later.
Life Estate and Remainder in Florida
A common Florida arrangement deeds property "to A for life, then to B." Here A is the life tenant and B is the remainderman. The life tenant may use and occupy the property and is responsible for taxes, insurance, and upkeep, but cannot sell or mortgage the full ownership without the remainderman's participation. On the life tenant's death, full title passes to the remainderman automatically.
Vested vs. Contingent Remainder
- A vested remainder belongs to an identified person and is certain to take effect
- A contingent remainder depends on a condition, such as surviving the life tenant
- Florida's "enhanced life estate" (lady bird) deed lets the owner keep control and even sell, leaving the remainderman's interest to take effect only if the property is still owned at death
Related Terms
- Life Estate — The interest that precedes the remainder
- Vested Interest — What a vested remainderman holds
- Estate — Where these interests are commonly planned
Barnes Walker Estate Planning
Barnes Walker's estate planning attorneys structure life estates, remainders, and lady bird deeds for Florida families. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC