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An exception to the rule that terminable interests do not qualify for the marital deduction is qualified terminable interest property (QTIP). QTIP is property in which the surviving spouse has a qualifying income interest for life and the executor elects on the estate tax return to treat the property as a QTIP (Sec.
There is no simple way to reverse a life estate because a life estate deed is a legal transfer of the title of a property. This is legally binding and the transaction is complete when the life estate is executed. Essentially, in order to reverse a life estate both parties would need to agree to make it happen.
A life estate may limit the transferability of the property, as the life tenant can only sell or transfer their interest in the property for the duration of their life or the designated measuring life.
In the event of the death of a remainderman before the life tenant dies, the remainderman's interest may pass to the deceased remainderman's estate or possibly to the surviving joint remaindermen, depending upon how the joint remainder interests were set up in the will, trust, or deed.
There is no simple way to reverse a life estate because a life estate deed is a legal transfer of the title of a property. This is legally binding and the transaction is complete when the life estate is executed. Essentially, in order to reverse a life estate both parties would need to agree to make it happen.
Life estates, terms for years, annuities, patents, and copyrights are therefore terminable interests. However, a bond, note, or similar contractual obligation, the discharge of which would not have the effect of an annuity or term for years, is not a terminable interest.
Life estates. (1) "Life estate" means an ownership interest in real property only during the lifetime of a specified person. (2) Subject to subsection (3) of this section, a life estate is an available resource, unless it is either excluded or unavailable under chapter 182-512 WAC.
A terminable interest is one that ends at some specified time. For example, a husband might leave his wife the use of a residence, but specify that the residence shall pass to the husband's children at the spouse's death.