Enhanced Life Estate Deeds

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Commonly Asked Questions about Enhanced Life Estate Deeds

Why do people create life estates?

A life estate is usually created to streamline the transfer of homeownership to the next generation but it can also be used to establish an income stream. Life estates can be created to provide a life-long income for a person rather than a lump-sum inheritance.

What is an enhanced life estate deed in Michigan?

The life estate reserved by the grantor in a ladybird deed is enhanced by an unrestricted power to convey the real property during the grantors lifetime. This power gives the grantor complete discretion to occupy, use, encumber, or sell the property without notice to or consent by the remainder beneficiary.

What are the disadvantages of a life estate deed?

Its important to fully understand the following risks: Limits on Life Tenants ability to sell or mortgage the property. Removing a Remainderman is difficult. A Remaindermens problems can become your problems. Medicaid Complications. Nursing Home Complications.

What is the difference between a life estate deed and an enhanced life estate deed in Florida?

Enhanced Life Estate Deed: Allows the property to pass automatically to the remainder beneficiaries upon the death of the grantor, avoiding probate. Traditional Life Estate Deed: Also bypasses probate, but the lack of control during the grantors lifetime is a docHub difference.

What is an enhanced life estate deed in Washington state?

A Lady Bird deed, also referred to as an enhanced life estate deed, is a legal document that allows an individual to pass property to beneficiaries while retaining a life estate in the property. The individual also retains the right to sell, lease, or mortgage the property without the beneficiaries consent.

Can a remainderman borrow against a life estate?

As the life tenant, you may not easily sell or mortgage a property with a life estate interest. The remaindermen must all agree in order for you to sell or borrow against the property.

How does a life estate affect capital gains?

Life Tenant Is Alive: When the property is sold before the life tenant dies, then there is no step-up in basis and capital gains are paid based on the original purchase price of the property with adjustments for improvements, etc. that havent been deducted.

What are the disadvantages of life estate?

Life estate cons Theres no creditor protection for the remainderman. Since they own an interest in the property, if theyre sued or owe a debt, the creditors can place a lien on the property. You cant minimize estate tax. The propertys fair market value is included in the life tenants taxable estate once they die.