Definition in Detail
A remainderman is an individual or entity entitled to inherit the remainder of an estate after all expenses, specific legacies, and inheritance taxes have been paid. This term commonly arises in the context of trust and estate planning, particularly when dealing with the provisions of a will or the administration of a trust.
A remainderman holds a future interest in the property or estate, taking possession only after the life tenant (the individual life estate holder) or the current beneficiary’s interest ends. This future interest is called a remainder, distinguishing it from a reversion, which reverts to the grantor or their heirs.
Examples
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Trust Example: Jane sets up a trust in her will, naming her sister as the beneficiary to receive income from the trust during her sister’s lifetime. Jane designates her niece as the remainderman. After Jane’s sister passes away, the trust’s remaining assets will transfer to her niece.
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Life Estate Example: John deeds his property to his friend Emily for her life, specifying that upon Emily’s death, the property will pass to his son Mark. Mark is the remainderman in this scenario.
Frequently Asked Questions (FAQs)
What is a remainderman in estate planning?
A remainderman is the beneficiary who receives the remainder of an estate after the death of the life tenant or completion of a specific interest period in the context of a trust or will.
How does a remainderman differ from a life tenant?
A life tenant has rights to use an asset or gain income from it during their lifetime. Meanwhile, a remainderman only obtains full ownership or control after the life tenant’s death.
Can a remainderman be changed in a will or trust?
Yes, the designator of the will or trust (the testator) can change the remainderman as long as they are alive and competent to modify the document according to legal standards.
Are remaindermen responsible for taxes?
While a remainderman typically does not pay inheritance or estate taxes, they may be responsible for applicable property taxes once they take ownership.
Can there be multiple remaindermen?
Yes, an estate or trust can designate multiple remaindermen to receive the remaining assets, often specifying how the assets are to be shared.
- Life Tenant: An individual who possesses the right to use an asset or receive income from a trust for their lifetime.
- Trust: A legal arrangement where one party (trustee) holds property for the benefit of another (beneficiary).
- Estate: All property, assets, and debts left by an individual at death.
- Probate: The legal process of administering the estate of a deceased person by resolving claims and distributing the deceased’s property under a valid will.
- Inheritance Tax: A tax imposed on individuals or entities who inherit assets from someone who has died.
- Specific Legacy: A gift of a particular asset to a specific person in a will.
- Residue: The remaining part of the estate after specific legacies, debts, and taxes have been paid.
- Reversion: A return of property or assets to the original owner or their heirs after a temporary interest ends.
Online References
- Investopedia: Remainderman
- Nolo: Remainderman
- American Bar Association: Estate Planning
Suggested Books for Further Studies
- “Estate and Trust Administration For Dummies” by Margaret A. Munro
- “The Complete Estate Planning Guide” by Kathleen Adams
- “The Executor’s Guide: Settling a Loved One’s Estate or Trust” by Mary Randolph
- “Personal Finance For Dummies” by Eric Tyson
Accounting Basics: “Remainderman” Fundamentals Quiz
### Who typically takes possession of the remaining estate after specific legacies are distributed?
- [ ] The attorney.
- [x] The remainderman.
- [ ] The executor.
- [ ] The probate court.
> **Explanation:** The remainderman is the individual or entity who receives the remainder of the estate after specific legacies and other designated distributions are made.
### Can there be more than one remainderman named in an estate?
- [x] Yes, there can be multiple remaindermen.
- [ ] No, only one remainderman is allowed.
- [ ] It depends on the size of the estate.
- [ ] Only in trusts, not in wills.
> **Explanation:** An estate or trust can designate multiple remaindermen to share the remaining assets, according to the will or trust's terms.
### When does a remainderman typically gain control over the property?
- [ ] Immediately after the will is read.
- [ ] Upon the decedent's burial.
- [x] After the life tenant passes away or the specified interest period ends.
- [ ] As soon as the probate process begins.
> **Explanation:** The remainderman gains control over the property after the life tenant's interest concludes, which is usually upon the life tenant’s death.
### Does a remainderman pay inheritance tax?
- [ ] Yes, always.
- [x] It depends on the applicable tax laws and the design of the estate plan.
- [ ] No, never.
- [ ] Only in certain jurisdictions.
> **Explanation:** Whether a remainderman pays inheritance tax depends on various factors such as state tax laws, the overall value of the estate, and specific provisions within the estate plan.
### What term refers to the remaining part of the estate after all obligations and specific gifts have been settled?
- [x] Residue.
- [ ] Trust.
- [ ] Legacy.
- [ ] Probate.
> **Explanation:** The residue is the remaining part of the estate after debts, taxes, and specific legacies are paid.
### What is a specific legacy?
- [ ] The same as residue.
- [x] A particular gift made to a specific person in a will.
- [ ] A proportional distribution of an estate to multiple beneficiaries.
- [ ] Any residual property left in the estate.
> **Explanation:** A specific legacy refers to a particular asset or sum of money bequeathed to a particular beneficiary.
### In estate planning, who is a life tenant?
- [ ] The lawyer administering the will.
- [ ] The court-appointed estate administrator.
- [x] An individual entitled to use an asset or income from it for their lifetime.
- [ ] The primary heir listed in the will.
> **Explanation:** A life tenant is someone who has rights to use a property or receive income from a trust during their lifetime without owning the property outright.
### What do we call the legal procedure of administering an estate after someone dies?
- [ ] Inheriting.
- [ ] Taxation.
- [x] Probate.
- [ ] Trust establishment.
> **Explanation:** Probate is the legal process of managing the estate of a deceased person, including paying debts and distributing assets according to the will.
### How does a reversion differ from a remainder?
- [ ] They are the same.
- [ ] Both revert to the beneficiary.
- [x] Reversion returns property to the original owner; remainder passes to a designated beneficiary.
- [ ] Reversion is temporary while remainder is permanent.
> **Explanation:** Reversion returns the property to the original owner or their heirs after the temporary interest ends, whereas a remainder passes to a designated beneficiary.
### Who typically decides who the remainderman will be in a will or trust?
- [ ] The executor.
- [ ] The probate court.
- [x] The testator or grantor.
- [ ] The primary heir.
> **Explanation:** The testator (in a will) or grantor (in a trust) typically designates the remainderman according to their wishes.
Thank you for embarking on this journey through our comprehensive accounting lexicon and tackling our challenging sample exam quiz questions. Keep striving for excellence in your financial knowledge!
