Detailed Answer

1. What Is a Life Estate?

In Kansas, a life estate grants one person (the life tenant) the right to possess, use, and benefit from real property during that person’s lifetime. The life tenant may:

• Reside in or rent out the property and collect income.
• Make ordinary repairs and pay property taxes, insurance, and assessments.
• Enjoy all fruits and profits from the land.

However, the life tenant must avoid waste. That means the tenant cannot commit acts that permanently damage or devalue the property. At death, the life estate ends automatically.

Kansas statutes recognize life estates as a freehold interest. See definitions in K.S.A. 58-101 et seq. (Chapter 58, Article 1).

2. What Is a Remainder Interest?

The remainder interest belongs to the person (the remainderman) who receives full ownership when the life tenant dies. A will may create either a vested or a contingent remainder:

• Vested remainder: The remainderman is identified, alive at the death of the life tenant, and no conditions remain. The interest is fixed and will pass automatically.
• Contingent remainder: The remainderman may not be identified or must satisfy a condition (for example, “if my nephew graduates college”). The interest becomes vested only if the condition occurs.

Under the Kansas Uniform Probate Code, a remainder interest vests or fails at the testator’s death. See K.S.A. 59-604 (Chapter 59, Article 6).

3. How Does a Will Designate a Remainderman?

When a will creates a life estate followed by a remainder, the testator must clearly name the life tenant and the remainderman. Kansas courts interpret the will according to its plain language and the testator’s intent. To avoid disputes, a will should:

• Name the life tenant by full legal name.
• Name each remainderman clearly and include alternate beneficiaries if the primary remainderman cannot take.
• Specify conditions for a contingent remainder (if any).

Helpful Hints

• Consult an attorney before drafting a life estate to ensure the remainder interest vests as intended.
• Keep property insurance policies in the life tenant’s name and list the remainderman as an additional insured.
• Maintain accurate records of repairs and taxes paid by the life tenant to avoid later disputes.
• Review and update your will if family circumstances or state law change.
• Consider recording the life estate deed in county land records to provide public notice of each party’s interest.