Life Estate With Power Of Appointment

State:
Oregon
Control #:
OR-033-78
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This form is a Life Estate Deed where the Grantor is an individual and the Grantee is an Individual. Grantor conveys and warrants the described life estate to the Grantee. This deed complies with all state statutory laws.

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FAQ

Let's say you divide your estate among your children, who are ages two and four when you, the testator, write your will. You can name your spouse as the holder of a power of appointment so that, when you pass away, she can reassess the family's situation and decide if the money should actually go to the children.

Five by Five Power ? The ability for the beneficiary to take the greater of $5000 or 5% of the trust each calendar year; a 5% version of the Lifetime General Power. Some access translates to 5% of the income being taxable to the beneficiary, and 5% being included in the power holder's estate.

Power of appointment traces its origins back to British common law. It is the legal authority to make another person the outright owner of the property left by a decedent. A donor gives the power to a donee so that person may choose the beneficiaries of their trust or will.

Traditional Life Estates Can Create Problems The life tenant occupies the house and is responsible for paying taxes and general upkeep. While the beneficiary holds future interest in the house, they have no legal standing to ensure that the house is cared for and does not lose value.

The opposite of a testamentary power of appointment is a lifetime power of appointment, with which the powerholder must exercise the power while they are still alive. A powerholder is not obligated to exercise the power. In those cases, the assets are distributed ing to the terms of the existing instrument.

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Life Estate With Power Of Appointment