A Life Estate situation
A while ago I represented an individual who sold some real estate that he had gotten from his parents. Fifteen years earlier my client’s parents conveyed some property on Smith Mountain Lake to my client and his two brothers, however they retained a life estate. Two years later my client’s brothers released their remainder interest to my client, such that my client’s parents had a life estate with him being the remainder interest. Virginia follows the common law. At common law a “life estate” allows the owner of the life estate exclusive use of the property while they are alive. Upon their death, obviously, the life estate ends. The person who gets the property after the life estate is said to have a “remainder interest”, which is what my client had. Life estates can be created a number of ways, commonly in deeds either from someone conveying p...