How does a life estate work?

A life estate deed permits the property owner to have full use of their property until their death, at which point the ownership of the property is automatically transferred to the beneficiary.

What is an example of a life estate?

Example of creation of a life estate: “I grant to my mother, Molly McCree, the right to live in and/or receive rents from my real property, until her death,” or “I give my daughter, Sadie Hawkins, my real property, subject to a life estate to my mother, Molly McCree.” This means a woman’s mother, Molly, gets to live in …

Is a life estate considered a gift?

A life estate is an instant transfer, similar to life insurance, so probate is not required. Under Federal Estate Tax Code Section 2036, a life estate is a gift. This means that if the property is valued at more than $14,000, a gift tax must be paid.

Does a life estate require a gift tax return?

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.

What does it mean to have a life estate?

A life estate is something to consider during estate planning. When an owner of a home signs a life estate, they are in effect passing part of the ownership of a home to another person. This could be thought of as a way to pregift your home to your heirs while still retaining joint ownership.

When does a life estate become a life interest instrument?

This form of life estate arises where a life tenant has disposed of the property, assuming such a disposal does not trigger any special forfeiture under the life interest instrument. It also arises where the grantor chooses to make the measuring life that of someone other than the life tenant’s life.

What are the drawbacks of a life estate?

If property is subject to a life estate, this can adversely affect financing on the property. The life tenant could get stuck with the remainderman’s heirs. It’s possible that the remainderman could unexpectedly die before the life tenant. Shouldthat happen, the remainder interest would pass to the remainderman’s heirs.

Can a life estate continue beyond the life of the beneficiary?

But the estate cannot continue beyond the life of the beneficiary. BREAKING DOWN ‘Life Estate’. A life estate is the vehicle by which the property owner, or the grantor, transfers legal ownership to another person, or the life tenant. In many cases, the grantor and the life tenant are the same person, but not always.

Is a life estate considered ownership of real property?

A life estate is a form of joint ownership of real estate . It governs the length of time each owner has rights in the property and what those rights are. The person who holds the life estate is called the “life tenant” and has possession of the property during their lifetime.

What do you need to know about a life estate?

transfers legal ownership to another person or the life tenant.
Life Estate Details. A major benefit of a life estate deed is that it can be used to pass property upon the life tenant’s death without it being part of
Creating Life Estates.

Life estate deeds work by dividing the property into two types of interests. One interest is measured based on the owner’s lifetime and is called a life estate. The interest that passes at the owner’s death is called a remainder or remainder interest. The life estate and remainder interest are then transferred to different owners.

How do you determine the value of a life estate?

To determine the value of a life estate: First, find the line for the person’s age as of the last birthday. Then, multiply the figure in the life estate column for that age by the current market value of the property.