Warranty Deed from Parents to Child with Reservation of Life Estate - West Virginia 2025

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Definition: Reserved Life Estate. From ConservationTools.org. The ownership of real estate can be divided into present and future interests. This division enables a landowner to convey land to a land trust or government with the owner retaining ownership during the owners lifetime or some other specified period.
As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. Any survey document that a deed references should be prepared by a licensed surveyor and filed with a county clerk, and must also have the licensed surveyors signature and seal or stamp affixed thereto (W. Va.
Once a life estate has been established, the underlying residence can only be sold if the life estate holder and all other owners agree to the sale. However, prior to any sale, it is important to understand the ramifications for the life estate holders Medicaid eligibility.
What are the cons of a life estate? There are some cautions. A life estate is a legal transfer of the remainder interest to the children. Thus ing to the IRS, it is a gift and you will need to file a gift tax return for the value of the remainder interest if it exceeds the annual federal gift exemption.
A life estate is an interest in property that lasts only for the life of a specific person, usually the possessor of the estate . The owner of a life estate cannot leave the property to anyone in their will as their interest in the property will terminate at their death.

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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.
The main benefits of a life estate deed include avoiding probate, which simplifies property transfer and reduces legal expenses, maintaining control over the property during the life tenants lifetime, and potential tax advantages from a stepped-up basis on property transfer.

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