Detailed Answer
Massachusetts Life Estate Rights
Under Massachusetts law, a life estate grants a lifetime beneficiary (the life tenant) the right to possess and use property for the duration of that person’s life. The life tenant may:
- Collect rents, profits or other income generated by the property.
- Make ordinary repairs and maintain the property’s condition.
- Occupy the property personally or lease it to others.
However, the life tenant must avoid waste—actions that permanently damage or diminish the property’s value. They must also pay property taxes, insurance and ordinary maintenance costs. At death, the life estate terminates and the property passes to the remainderman.
Cite: M.G.L. c.190B §2-102 (kinds of present and future interests).
Determining a Remainder Interest in a Will
When a will designates a remainderman, the future interest vests at the life tenant’s death. Massachusetts law recognizes two main types of remainder interests:
- Vested Remainder: The remainderman has an immediate, indefeasible right to the property upon the life tenant’s death. No condition must occur beyond the natural termination of the life estate.
- Contingent Remainder: The remainderman’s interest depends on a condition—such as surviving the life tenant or reaching a certain age. If the condition fails, the interest may pass elsewhere as provided in the will.
To determine which type applies, review the will’s language:
- If the testator names a specific person without additional conditions, the remainder is likely vested.
- If the will ties distribution to an event or survival requirement, the remainder is contingent.
Massachusetts law treats these distinctions under the Uniform Probate Code. See M.G.L. c.190B §2-104 (future interests: vested and contingent remainders).
Helpful Hints
- Review the deed or will carefully to confirm life estate language.
- Confirm whether taxes and maintenance fall on the life tenant or the remainderman.
- Analyze will conditions to classify vested versus contingent remainders.
- Record the life estate deed promptly in the county registry.
- Consult an estate planning attorney for complex or multi-party interests.