Question: What Happens When You Sell A Life Estate?

A person owns property in a life estate only throughout their lifetime.

Beneficiaries cannot sell property in a life estate before the beneficiary’s death.

One benefit of a life estate is that property can pass when the life tenant dies without being part of the tenant’s estate.

Can you sell a life estate?

Although the life tenant can sell the life estate, the buyer would have ownership rights only as long as the original life tenant lived. A remainder interest may also be sold. If a remainderman wants to sell the property, the only way of doing so is to obtain a release of the life estate from the life tenant.

Can you sell a house that is in a life estate?

You can sell or give your home to your children, but keep the right to live in or control the home until you die. When you do this, you keep a “life estate.” When you have a life estate, you are called the “life tenant.” Your child is called the “remainderman.”

Who owns the property in a life estate?

A life estate deed is a legal document that changes the ownership of a piece of real property. The person who owns the real property (in this example, Mom) signs a deed that will pass the ownership of the property automatically upon her death to someone else, known as the “remainderman” (in this example, Son).

What happens to a life estate after the person dies?

A life estate allows lifetime use of a home before it passes to the final beneficiaries. A “life estate” occurs when a person has a legal right to use property during life, but does not own the property outright. After the death of the life tenant, the property passes to the named beneficiaries, called “remaindermen.”

What is the value of a life estate?

The value of the life estate is found by going to the Life Estate and Remainder Interest Table here. The value of the life estate is found by taking the value of the property and multiplying it by the life estate factor (a.k.a. life estate rate).

Does a person with a life estate own the property?

A person owns property in a life estate only throughout their lifetime. Beneficiaries cannot sell property in a life estate before the beneficiary’s death. One benefit of a life estate is that property can pass when the life tenant dies without being part of the tenant’s estate.

What are the two types of life estates?

The two types of life estates are: conventional and the legal life estate. grantee, the life tenant. Following the termination of the estate, rights pass to a remainderman or revert to the previous owner.

What are the benefits of a life estate?

Benefits of a Life Estate

  • The right to live in the home until death;
  • Maintaining a $250,000 capital gains exclusion provided you resided in the home two (2) of the last five (5) years;
  • The right to keep a portion of the sale proceeds of the house if it is later sold;
  • The right to rental income;

Can a life estate be terminated?

Due to this termination, a life estate holder cannot transfer his or her interest in the property through a will. Importantly, a life estate cannot be revoked. Therefore, once a person sets up his or her ownership of a property in a life estate, he or she cannot sell or otherwise dispose of the home.

Do you pay taxes on a life estate?

When retaining a Life Estate in the property, you are not transferring or giving the entire interest in the property away. As the owner of the property by virtue of the life estate, a life tenant may continue to deduct the real estate taxes he pays on his federal income tax return. (I.R.C. §164(a); Reg. §1.164-1(a).

What is the purpose of a life estate deed?

Typically, the purpose of a life estate deed is to provide for the transfer of the property to the desired person(s) (remainderman) automatically at the death of the property owner who retained the life estate (“life tenant”), without the necessity of probate.

What is a life tenant entitled to?

One who holds a life estate. A life tenant has all rights associated with ownership of real property, except the right to sell the property, until his/her (or someone else’s) death. Upon the death of the life tenant, the property reverts back to the owner, or to a third party designated by the owner.