Simple English definitions for legal terms
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A remainder is a type of ownership in real estate that is given to someone after another person's ownership ends. This can happen when a certain amount of time passes or when someone who was allowed to use the property passes away. The person who gets the remainder must be named in the same document that gave the previous person ownership. There are two types of remainders: vested and contingent. A vested remainder means that someone specific will get the property after the previous person's ownership ends. A contingent remainder means that someone will get the property only if certain things happen first.
A remainder is a type of future interest in real estate that is transferred to the remainderman or transferee under property law. The remainderman has the right to possess the property at the natural end of a previous property formed by the same instrument. This means that the preceding property must be one that can end naturally, such as when a period of years expires or a life tenant passes away.
A remainder must be included in the same document, such as a deed, that gives the current interest to another person in order for it to be effective. There are two types of remainders in property law: contingent remainders and vested remainders.
A vested remainder is owned by a specified individual and is subject only to the expiration of the preceding property interests. For example, if A grants her brother B the property deed for life, and upon B's death, the land deed to C, B's son, or C's offspring if he does not live. C holds a vested remainder, and his offspring will inherit a "contingent remainder" if C dies before the title passes.
A contingent remainder is one for which the holder has not been identified or for which a condition prior must be met. For example, if A grants her brother B the property deed for life, and upon B's death, the land deed to C, but only if C is married at the time of B's death. In this case, C holds a contingent remainder because the condition of being married has not been met yet.
In summary, a remainder is a future interest in real estate that is transferred to the remainderman under property law. It can be either a vested remainder or a contingent remainder, depending on whether the holder has been identified and whether any conditions must be met before the title passes.