A remainderman, more commonly referred to as a remainder interest, is a person or entity that receives a property after a certain condition has been met.
The most common remainder interest occurs when someone who has a life estate interest in a parcel of land dies. The property then becomes owned by the remainderman.
For example:
John owns a farm. John grants Juan a life estate interest in the farm, with a remainder interest to Joe. Juan has the ability to occupy the farm for his lifetime. Upon Juan’s death, Joe inherits the property, because he is the remainderman.
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#1 by Regina Herrington on 10/02/2010 - 6:58 pm
In the state of Texas can an adult child of the deceased request some kind of “remainderman” clause of the probate court because that heir has been verbally informed of the deceased wishes for that but it isn’t in the will of the deceased and the will only states that the home (owned prior to the final marriage) will be inherited by the spouse who is not related to the deceased’s children but has made verbal promises to pass the property back to the adult children at the time of Her death via her will?
#2 by David Leon on 13/06/2010 - 8:25 am
Unfortunately, the will would likely control in this situation. If there was an oral promise, then you run into a matter of proof. If you can come to some sort of agreement with the surviving spouse, then you would be okay.