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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.
A life estate is an interest in real property or assets that a person is given for the duration of his or her life.
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.
If you have created a life estate and are looking to remove someone from it, you cannot do so without consent from all parties unless you have a clause or document known as a power of appointment. These powers may be written within the deed or attached to it.
A life estate is a freehold estate where ownership is limited to the duration of some person's lifetime, either the person holding the life estate the life tenant or some other designated person.
Benefits of a Life EstateThe right to live in the home until death;Maintaining a $250,000 capital gains exclusion provided you resided in the home two (2) of the last five (5) years;The right to keep a portion of the sale proceeds of the house if it is later sold;The right to rental income;More items...?12-Jun-2012
A life estate is a form of co-ownership of real property between two or more people. They each are an owner of the property, but for different periods of time. The person owning the life estate has the current right to the property for the rest of his or her life.
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.
An interest in land that lasts only for the life of the holder. Thus, the holder of a life estate cannot leave the land to anyone in their will, because their interest in the land does not survive the person.
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.