Connecticut Bill of Sale of Personal Property - Reservation of Life Estate in Seller
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FAQ
A life estate is an interest in real property with a duration measured by the life of a person or group of people. When that person or people die, the life estate is extinguished and the property automatically goes to the person or people who have a remainder interest in the property.
In Connecticut, the right of survivorship comes when you own property in joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary.
Key Takeaways. A life estate is a type of joint property ownership. Under a life estate, the owners have the right to use the property for life. Typically, the life estate process is adopted to streamline inheritance while avoiding probate.
Advantages of a Life Estate No probate proceeding will be required to transfer title. The transfer/gift of the property to the persons who are deeded the property is a completed gift/transfer.
In some states, real estate can also be registered to transfer on death, but Connecticut law does not allow transfer-on-death deeds for real estate. To take advantage of this strategy, you must designate the beneficiary on the registration or title of the asset prior to death.
Avoiding Probate in ConnecticutLiving Trusts. A living trust is one of the most common ways probate can be avoided in Connecticut.Joint Ownership.Transfer-on-Death Registrations.Giving Your Loved Ones Peace of Mind.
Life estate consThe life tenant cannot change the remainder beneficiary without their consent.If the life tenant applies for any loans, they cannot use the life estate property as collateral.There's no creditor protection for the remainderman.You can't minimize estate tax.More items...
Gift Taxes: In most cases, no gift tax should be owed as a result of the creation of the Life Estate form. However, since you may be required to file a gift tax return, it is important to consult your accountant prior to filing your income tax return for the year in which the transfer was made.
Under a life estate deed, however, the remainder owner's tax basis is the value of the home at the time of the life tenant's death (a stepped-up basis), greatly reducing or even eliminating any capital gains tax consequences of future sale of the property. Medicaid Exemption After Five Years.
A person with life interest generally (as we have not perused the Will) does not have the right to sell, transfer or alienate the property to the detriment of the absolute owner, which in your case is the son, i.e., you. It is a limited right to enjoy the property up to the death of the life holder.
