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What Is a Life Estate?: Estate Planning Basics - ElderLawAnswers
WEBFeb 7, 2024 · 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. Elder law attorneys use life estates to help their clients with: Avoiding probate. Passing their house on to their children without having to give up the ability to live in it. Medicaid planning.
Elderlawanswers.comConsidering a Life Estate? Understand the Potential Problems
WEBOct 25, 2023 · Understand the Potential Problems. October 25th, 2023. life estates can prove to be an excellent tool for Medicaid planning. In addition, you may consider a life estate to avoid probate or to improve your tax efficiency. However, keep in mind that there are potential problems and risks to understand before creating a life estate.
Elderlawanswers.comHow are Capital Gains Treated in the Sale of a Life Estate?
WEBGet your Guide. 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
Elderlawanswers.comProtecting Your House from Medicaid Estate Recovery
WEBAugust 21st, 2024. You may have heard the term “estate recovery” before and wondered what it meant. This is a process that can occur after a Medicaid recipient dies. Their state may attempt to recoup whatever benefits it had paid for their care from the deceased person’s estate. For most Medicaid recipients, their house is the only asset
Elderlawanswers.comCan Medicaid Recover Benefits From a Life Estate?
WEBOct 22, 2019 · My mom and dad both have passed. In 2007, they recorded a life estate deed on their house, listing their children as beneficiaries. The life estate was done through a lawyer as part of Medicaid planning. My dad was the last to die in 2018. Now the state wants to recover benefits from the house. Can the state recover Medicaid on a 2007 life …
Elderlawanswers.comHome Ownership When Parents and Adult Children Live Together
WEBAugust 21st, 2024. Increasingly, several generations of American families are living together. According to U.S. Census data, about 20 percent of the population live in households containing two adult generations. These multi-generational living arrangements present legal and financial challenges around home ownership.
Elderlawanswers.comLady Bird Deeds: A Different Kind of Life Estate - ElderLawAnswers
WEBJul 6, 2023 · What Is a Lady Bird Deed? Lady Bird Deeds, technically known as enhanced life estate deeds, are life estates for which the grantor retains much greater control over the property. If you are a property holder, you may use a Lady Bird Deed to transfer real property to a specific beneficiary while retaining certain rights to the property. These
Elderlawanswers.comMedicaid Estate Recovery and Medicaid Payback Rules
WEBDec 13, 2012 · Expanded Estate Recovery. Note that some states also opt to seek recovery against property in which the Medicaid recipient had an interest but that passes outside of probate. This is called “expanded” estate recovery and may include jointly held assets, assets in a living trust, or life estates.
Elderlawanswers.comStep-Up in Basis and Why It Matters in Estate Planning
WEBJan 26, 2024 · The home’s cost basis is adjusted – or “stepped up” – from what it was valued at when the parent originally purchased the home to its fair market value on the date the parent died. In this case, suppose the original cost of the home 30 years ago was $100,000, and the “stepped up” basis in 2022 (date of death) is $300,000.
Elderlawanswers.comHow Does Medicaid Treat the Purchase of a Life Estate?
WEBAug 27, 2013 · Based on what you say, your father's purchase of a life estate in your new home should not be treated as a disqualifying transfer. He lived in the house for more than a year, which is a requirement under new laws. So the only issue should be whether he paid the appropriate amount for his life interest. The amount is determined based on your
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