Property Ownership

In Montana, a life estate grants the life tenant the right to:

ASell the property in fee simple to a third party
BUse and enjoy the property during their lifetime with restrictions on waste✓ Correct
CDevise the property to heirs upon death
DEncumber the property with a mortgage that outlasts the life estate

Explanation

A life estate in Montana grants the holder (life tenant) the right to use and enjoy the property during their lifetime. However, the life tenant cannot commit waste (damage the property) or create encumbrances that outlast the life estate. The property passes to the remainderman upon the life tenant's death.

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