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Video Guide on Life Estate Reservation Deeds management

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Commonly Asked Questions about Life Estate Reservation Deeds

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.
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.
The person with the right to use the property is a life tenant. The individual with a future right is called the remainderman. Once the life tenant passes away, the remainderman owns the property outright.
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.
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.
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.
A deed with a reserved life estate is used when you wish to both pass your real property to someone upon your death and also protect the property from nursing-home liens. This document may also make it possible for you to live in and maintain control of the property until your death.
This individual holds the right to inherit a property in a life estate after the death of the life tenant. However, they do not have the right to use or occupy it during the life tenants lifetime. They also have no right to sell or dispose of the property during the life tenants lifetime.