REMAINDERMAN
Back to GlossaryDefinition
The individual or entity entitled to receive the assets that remain in the trust at the date of the trust's termination.
Summary
A remainderman is a person who has the right to receive property after a life estate ends. In property law, when someone owns a 'life estate,' they can use the property during their lifetime, but when they die, the property automatically goes to the remainderman. Think of it as a delayed inheritance - the remainderman doesn't get the property immediately, but has a guaranteed future right to it. This creates a present interest in future possession, meaning the remainderman owns a real property right even though they can't use the property yet.
Usage Context
Understanding remaindermen is crucial when studying property transfers, estate planning, future interests, and property rights. This concept appears frequently in real property law, wills and estates, and when analyzing property ownership structures.
Common Confusions
- Confusing remainderman with reversionary interest (remainder goes to a third party, reversion goes back to the original owner)
- Thinking the remainderman has no current rights (they actually have a present interest in future possession)
- Mixing up remainderman with beneficiary in a will or trust
- Assuming the remainderman automatically inherits other property from the life tenant
