Under life estate law in Pennsylvania, life estates are specific types of real property conveyances that fall under the umbrella of property law. A life estate means that someone is granted the use and ownership of the real property for the duration of their lifetime.
Put more simply, a conveyance is a transfer of someone’s interest in real property, for example, a home or commercial real estate. This arrangement allows an individual to remain in a home, often their home, until they pass away, at which time the home will pass to the new owner.
Typically, life estates are created by the individual who owns the property, called the grantor. The property is given to a recipient, called the grantee of the life estate.
It is common for life estates to be used to convey property between spouses, relatives, or even close friends. The individual who is granted a life estate can also be called a life tenant.
Life estate arrangements can be very useful when property is used by another individual for a long period of time but the owner still wants the property back. It can also be useful if the owner wants the property to go to their designated beneficiaries.
When an arrangement is in place when a property reverts back to the original grantor of a property, that right to retake the property is called reversion. A common example of a life estate arrangement occurs when a spouse or ex-spouse grants their spouse or ex-spouse the right to reside on the property until they pass away.
When that spouse or ex-spouse passes away, the property will revert back to the grantor or the grantor’s heirs. With this arrangement, the holder of the life estate is, in general, entitled to use the property during their lifetime.
The life tenant, however, cannot transfer the property to their own heirs when they die. Disputes over life estates can be common because of the life tenant’s lack of rights to keep or transfer the property.
Common examples of disputes that arise involving life estates include:
- The life tenant transferring or selling the property without the legal right to do so
- Upkeep issues with the property when the life tenant does not maintain it property
- Whether a life estate was actually legally created
- Duties that apply to the property, such as tax issues
These types of issues are often resolved when the party who has the right of reversion files a civil lawsuit. This lawsuit can result in a monetary damages award based on the harm that the life tenant caused to the property.
Because of these disputes that may arise, it is essential that a life estate is recorded on the deed of the property so that a purchaser will be informed of the presence of the life estate. If someone has any questions related to life estates in Pennsylvania, including creating one, or disputes related to one, it is essential to have a legal consultation in Pennsylvania.
In Pennsylvania, How Is a Life Estate Created? How Is a Life Estate Terminated?
In Pennsylvania, a written document must be used to create a life estate. The only requirement is that the document states that the grantor is conveying the property for the length of the life of the tenant.
The conveyance will occur when the grantor uses words of conveyance to transfer the interest in the property to the grantee, who is then the life tenant. Generally, the following language is sufficient to create a life estate: “I, grantor’s name, convey my real property to (grantee’s name), for life.”
Life estates are also commonly created in language in someone’s will. It is important to note that there may be specific requirements for creating a life estate in Pennsylvania.
Language may also be included that makes the life estate revocable. When this language is not included, the life estate will typically terminate when the life tenant, or grantee, passes away.
There may also be statutory situations in which a life estate can be terminated early, such as when the life tenant:
- Commits impermissible waste in property
- Violates a condition that is attached to the life estate, so long as it is not unlawful
- Commits overt and willful acts of destruction that causes the property value to drop
If the original grantor passes away before the life tenant, the property will pass to the heirs or beneficiaries of the grantor as outlined in their will. Pennsylvania lawyers can help with all aspects of life estate, including estate planning issues and advice.
How Is the Length of a Life Estate Measured in Pennsylvania?
A life estate is most commonly created by words of conveyance and is measured by the life of the grantee. When the life tenant passes away, the grantor has the right of reversion.
If the grantor passes away, the property will go to their heirs. This means the length of the life estate is based on the lifespan of the life tenant.
Some life estates are referred to as, “life estates pur autre vie.” “Pur autre vie” is French for, “by someone else’s life.”
This type of life estate is also created by a grantor conveying the property to someone else. However, the measurement is not based on the grantee, but rather, a third party.
The language for a life estate pur autre vie is typically, “I, Party A, convey the property to Party B, for the life of Party C.” This means that the length of this type of life estate is based on the lifetime of Party C and not Party B, as with the first type. Party C is often called the measuring life because their lifespan is the basis for measurement.
What Are the Obligations of a Life Tenant?
In Pennsylvania, life tenants are, in general, entitled to all profits and uses from the land. These obligations are meant to protect the rights of the parties who will own the property after the life tenant.
It is important to be aware, however, that, because the life tenant does not have the right to transfer the property, they are not allowed to commit waste. There are different legally defined types of waste.
One type is called affirmative or voluntary waste. This is any conduct that causes the property to go down in value.
Life tenants cannot commit permissive waste, either. This means that they cannot neglect their obligation to keep the property in reasonably good repair.
A third form of waste is ameliorative waste. This happens when the life tenant engages in conduct that enhances the value of the property.
In Pennsylvania, the common law doctrine of ameliorative waste applies. This means that tenants cannot make improvements that increase property value without the owner’s consent.
Life tenants also have other duties along with the duty to not commit waste, such as:
- Making sure all ordinary taxes on the land are paid
- Making sure all real estate taxes are paid
- To protect the property from liens and other encumbrances
Should I Seek Legal Counsel Regarding a Life Estate in Pennsylvania?
If you are thinking of creating a life estate, already have a life estate and are having an issue, or need advice about life estates in Pennsylvania, it is very important to reach out to a Pennsylvania estate lawyer. Your lawyer can explain the state-specific laws that govern life estates and how those will apply to your specific situation.
LegalMatch’s no cost online lawyer matching services can help you find a Pennsylvania estate attorney in your area in as little as 15 minutes. Simply submit your Pennsylvia life estate question or concern on the website and get started today.
