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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
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.
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.
Pur autre vie (per o-truh vee) is a French legal phrase which means for another's life. This phrase is durational in meaning as it is another's life, not that of the possessor, that is used to measure the amount of time someone has a right to possess real property.
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.
A life estate creates the right for an individual to occupy and use property during their lifetime, or the lifetime of another (known as a life estate autrie vie), while being owned by a different individual. The person who has the right to occupy and use the property is called the life tenant.
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.
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 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.
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...