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Life estate pros Using a life estate helps avoid probate so your beneficiary can receive the property faster. The life estate cannot be used to satisfy the tenant's creditors once they're dead. The life tenant may be able to qualify for Medicaid benefits and protect the property from estate recovery.
Estate Tax Liability The IRS treats the life estate transfer as a sale, and the fair market value of the house is included in your estate. If your estate exceeds the exclusion amount, you could owe estates taxes on the difference. As of publication, the estate exclusion amount is $11,400,000.
A life estate deed is a legal document that grants real estate ownership to two or more parties according to two types of interest. The life tenant acquires what is called a life estate, which generally means they can live on and make use of the property until the designated person's death.
Property owned jointly between husband and wife is exempt from inheritance tax, while property inherited from a spouse, or from a child aged 21 or younger by a parent, is taxed a rate of 0%.
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.
As a result of the life estate interest, the property value will be subject to PA Inheritance Tax upon the death of the life tenant. PA has varying tax rates depending on how the decedent is related to the person inheriting.
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.
Generally, a life estate is a form of joint ownership that allows one person to live in a house until his or her death, at which time it passes by operation of law to the surviving owner. Life estates are used to help fulfill various planning goals.