How to Protect Your Assets from Nursing Homes (Life Estates Explained)

[@heritagelawoffice]

Our next set of videos will be on trusts. What other topics would you like?

[@annettexxxxx]

Can my parents refinance the home they have a retained life estate to there child?

[@heritagelawoffice]

When your parents retain a life estate in their home and the remainder interest is transferred to their child, refinancing can be a bit complex. Generally, for refinancing a property with a life estate, all parties involved - both the life tenants (your parents) and the remaindermen (the child in this scenario) - must agree to the refinance and sign the necessary documents. It's important to consult with an experienced legal professional to navigate the specific requirements and implications in your state, as laws can vary. Disclaimer: This information is provided for general informational purposes only and is not intended as legal advice. The circumstances of each case are unique, and laws vary across jurisdictions. We strongly recommend consulting with a qualified legal professional in your area to obtain advice tailored to your specific situation. No attorney-client relationship is created by this communication.

[@boyboy-xe6rx]

If I add one person as reminderman using life estate deed on my home which is on my name, I need to pay gift tax for it? Is it like gifting at current fair market value of home divided by 2 as both me, new person co own home under life estate deed?

[@heritagelawoffice]

Thanks for your question! It's important to note that you should consult with a tax advisor or attorney for personalized advice. However, we can provide you with some general information. When you add someone to your property using a life estate deed, you're essentially gifting them a future interest in your home. The IRS considers this a taxable gift, but it's not necessarily valued at half of the current fair market value of the home. The gift's value is calculated based on the remainder interest, which takes into account factors like the age of the individuals involved and the current applicable federal interest rates. This can result in a lower gift value than simply dividing the property value by two. To ensure you fully understand the tax implications, consult a tax professional or attorney. And don't forget to watch our other videos for more information on estate planning topics. Thanks for watching!

[@boyboy-xe6rx]

@@heritagelawoffice thank you