Can this Co-exist?

Question

I am the owner of some land and property. I the GRANTOR have given my mother the GRANTEE "life estate" to this land and property with a remainder to me. It is worded as follows: (excerpt from deed)

"the GRANTOR hereby bargains, sells, grants and convey unto the GRANTEE, a Life Estate with a remainder to the Grantor"...

*** So here's my question; I thought this is called a "estate in reversion" not an "estate in remainder". Can they co-exist?

I guess it might just be the wording of the deed and the legalees of my state, but everything I reed about life estates and future interest suggest that a remainder is a future interest holder other than the person who orinionally gave someone life estate. I mean in context, I suppose even with the way my deed was worded that it is still understood as an Estate in Reversion simply because I owned it first and gave my mother life estate and it reverts back to me or as the deed suggest I just receive the remainder. Just a little confusing.

Answer 1

There is always a remainderman (-person, -enttity) following a life estate.

The right, power, title, freehold, etc. can revert or not; that's a separate issue.

You have given (gratis?) the usufruct (well, if you lived in Louisiana you'd know what that means) -- the right to use, etc. for life -- to your mother.

Of course that could be a "fraudulent conveyance" if you had creditors; and it could be counterproductive in that there will be no step-up in basis the way there would if you inherited land from your mother, etc. Nor is there an Internal Rev. Code Sec. 121 principal residence exemption from capital gains tax up to $250,000 etc.

But I assume you had professional advice. And that this is not a QTIP or anything like that.

Don't let jargon worry you. Unless you drafted the documents yourself at home, or downloaded them from the Internet.

Answer 2

It is worded correctly, the remainder interest is who ever will have the estate when the grantee passes away. Since you have a reversionary interest you will have the remainder after the life estate is terminated. I have not heard the term estate in reversion, just reversionary interest.