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  • How Is a Life Estate Percentage Calculated?
    When that person passes away, the property automatically transfers to another person or group of people (the “remainderman” or “remainder beneficiaries”) When a property with a life estate is sold before the life tenant passes away, determining how to split the proceeds can be complex
  • Considering a Life Estate? Understand the Potential Problems
    The person holding the life estate – the life tenant – possesses the property during their life The other owner – the remainderman – has a current ownership interest Yet they cannot take possession until the death of the life estate holder Benefits of a Life Estate Deed The life tenant has full control of the property during their
  • What Is a Life Estate?: Estate Planning Basics - ElderLawAnswers
    The phrase “life estate” is sometimes mentioned when discussing estate and Medicaid planning, but what does it mean? A life estate is a form of joint ownership that allows one person to remain in a house until their death when it passes to the other owner
  • How are Capital Gains Treated in the Sale of a Life Estate?
    The capital gain from selling your life estate property will be the difference between the sale proceeds and the value of the property in 2011 when your mother passed away If, for instance, the fair market value then was $200,000, and you received $275,000 after deducting any real estate brokerage commission, your gain would be $75,000 Dividing the Proceeds Between the Life Tenant and the
  • Can You Give Away Real Property and Avoid Probate Court?
    The person you name to receive the property after your death is referred to as the remainderman While a life estate avoids probate, it can have a few potential downsides
  • www. elderlawanswers. com
    valuing such interests for estate, gift and income taxes, the preferred method for allocating net proceeds of sale between a life tenant and a remainderman is the method set forth in RPAPL 403 and 406 (Matter of Sauer, 195 Misc 2d 232 [2003]; Matter of Beyer, NYLJ, Feb 23, 1995, at 31, col 2) Page 856
  • Protecting Your House from Medicaid Estate Recovery
    For many people, setting up a life estate is the simplest, most appropriate alternative for protecting their home from estate recovery What Is a Life Estate? A life estate is a form of joint ownership of property between two or more people Each party has an ownership interest in the property but for different periods of time The person holding the life estate possesses the property during
  • Tenancy in Common and Other Ways to Co-Own Property
    When two or more individuals own real estate – whether it’s a condo, a primary residence, a vacation home, or piece of land – the relationship between the owners is particularly important The form of ownership of the property affects how property is transferred to someone else For example, if a property owner dies, is there anyone else who shares ownership? Will the property need to go
  • Receiving an Inheritance? Beware of Medicaid Income Limits
    For most people, receiving an inheritance is something to celebrate However, for a nursing home resident on Medicaid, an inheritance may not be such welcome news What Is Medicaid? Medicaid is a public assistance health insurance program for people who have limited means Seniors, people with disabilities, pregnant women, and other populations who are living on low income may qualify For
  • Step-Up in Basis and Why It Matters in Estate Planning
    Recent news stories may have made you aware of the “ step-up in basis ” and the current administration’s desire to eliminate or adjust it If you are considering engaging in estate planning or you may be inheriting assets, it is important to understand what the step-up in basis is and how it may affect you What Is the Step-Up In Basis? The step-up basis is a provision in federal tax law





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