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An additional potential problem with a Life Estate is that it does not offer creditor protection to the beneficiary, so if the heir has a debt or is sued, the creditor or court can come after the house. As you can see, a traditional Life Estate has the potential to create major conflict within a family.
Life Tenant(s) maintain responsibility for property taxes, insurance and maintenance. Life Tenant(s) are also entitled to rent out the property and to receive all income generated by the property. Remainder Owner(s) automatically take legal ownership of the property immediately upon the death of the last Life Tenant.
First?life estates can be relatively simple to form. In Texas, a life estate can be created by filing a notarized estate deed or otherwise clearly expressing intent to create a life estate. Second?a life estate can help someone pass property to the next generation of owners without the property going through probate.
Assets that are not counted by FAFSA when determining your SAI include: 401(k) and Roth and traditional IRA accounts (though withdrawals from Roth IRA accounts will be counted as untaxed income) Cash values of whole life insurance policies and qualified annuities. SIMPLE, KEOGH, and pension plans.
In effect, a life estate splits ownership of a property between the present and future interests. As such, it is an asset and must be reported as an asset on the Free Application for Federal Student Aid (FAFSA).