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Multiple Choice

What is the name of the future interest that becomes possessory after the natural termination of a preceding life estate?

When a life estate ends naturally at the life tenant’s death, the next ownership must be described by the future interest created in the grant. If that future interest is in another person and will take effect and become possessory right after the life estate ends, it is called a remainder. A remainder follows the life estate automatically and is capable of becoming a present possessory estate when the prior estate terminates. A reversion, by contrast, is the grantor’s future interest that returns property to the grantor after granting a life estate. A fee simple is a present, not a future, estate. A possibility of reverter belongs to the grantor and arises with certain defeasible fees, not after a life estate. So the future interest that becomes possessory after the natural termination of a preceding life estate is a remainder.

When a life estate ends naturally at the life tenant’s death, the next ownership must be described by the future interest created in the grant. If that future interest is in another person and will take effect and become possessory right after the life estate ends, it is called a remainder. A remainder follows the life estate automatically and is capable of becoming a present possessory estate when the prior estate terminates.

A reversion, by contrast, is the grantor’s future interest that returns property to the grantor after granting a life estate. A fee simple is a present, not a future, estate. A possibility of reverter belongs to the grantor and arises with certain defeasible fees, not after a life estate.

So the future interest that becomes possessory after the natural termination of a preceding life estate is a remainder.