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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.
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.
The transfer by deed of the residence with a retained life estate will therefore be taxed for gift tax purposes at the fair market value of the entire residence, without reduction for the value of the retained life estate and without the annual $10,000 exclusion.
Personal property may not be included as additional security for any mortgage on a one-unit property unless otherwise specified by Fannie Mae. For example, certain personal property is pledged when the Multistate Rider and Addenda (Form 3170) is used.
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...
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.
Legally, the items you listed are personal property because they are not permanently attached to the house. Unless specifically itemized, such personal property is not included in the home sale.
In a nutshell, real property is anything that's immovable and attached to the house - walls, windows, blinds, light fixtures, doors, and (most) appliances. Personal property is anything that can be moved or taken from the house - furniture, artwork, above-ground hot tubs, and more.