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Is it require to file gift tax return with IRS for a retained life estate deed?
Wiki User
∙ 16y ago
I am a trusts and estates attorney in New York. You are correct that you must file a gift tax return when conveying a deed to a non-spouse even if you retain a life estate in said property. The property will also be included in the grantor's estate at full fair market value as of date of death.
Wiki User
∙ 16y ago
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What is the purpose of recording a deed?
So there is legal documentation of ownership of property (real estate, vehicles, boats, etc.) and the documentation is in a safe place where it cannot be lost or altered fraudulently.
Who pays the taxes when there is both a deed and a deed of trust?
Generally, the fee owner of the property is responsible for paying the property taxes. That would be the grantee in the deed of conveyance. In this case the 'deed of trust' is assumed to be a mortgage.
Does wife pay inheritance tax when you die if her name is not on deed?
The majority rule for inheritance is that any inheritance, unless specifically written otherwise, is non taxable. The wife will not have to pay inheritance tax when you die if her name is not on the deed.
What is difference between deed of transfer and agreement for sale?
A deed transfer is where under a contract of sale of property in goods is transferred from the seller to the buyer while agreement for sale is where transfer of property is to take place at a future time or is subject to some conditions to be fulfilled latter.
When you receive real property with a gift deed are any taxes due?
Income taxes are not due for this type of transaction. The person giving the gift may be required to file a gift tax return if the property is valued over the threshold depending on what year the gift was given and recorded. If you sell the property, you will have a reportable income from the sale but at the time you are given the property you will not have to pay income taxes.
Does a deed require offer and acceptance?
No, a deed can also be created by action of law or equity. For example, a town collector can issue a tax deed to the town if the property owner does not respond to liens for taxes, or a court can order an executor's deed in probate to an heir (as a gift). For that matter, a grandparent can gift a property with a deed to infant grandchildren, with life estate retained for others, which needs not be "accepted" by anyone to be a valid deed.
How can you release your interest in an enhanced life estate?
If you conveyed your property and retained an enhanced life estate you could release your interest in the property by executing another deed to the grantee that releases all your right, title and interest in the property, including the life estate you reserved in your prior deed. That deed should be drafted by an attorney who specializes in real estate in your jurisdiction and recorded in the land records. Any deed that conveys an interest in real property should be drafted by a professional.
You deeded your home to your children and retained a life estate can they sell the home if you agree and sign off?
Yes. If you join in the deed by signing it with language added that you are releasing your life estate the property can be sold free and clear of your life estate.
What is the responsibility of the remaindermen of a property with deed transfer with retained life estate when the parent wants to move so the sale occurs before death?
All the parties must sign the deed as grantors: the parents and the remaindermen.
How can you get a deed for a house if the owners dead?
The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.
Can life estate go to a person whose name is not on deed?
The person who is receiving the life estate must be listed as grantee in the deed along with the clear intention that only a life estate is granted. The deed should be drafted by a professional who can discuss the consequences and responsibilities associated with granting a life estate.
Does the grantee of the life estate deed have to sign the deed?
The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.
Is there a way to dissolve a life estate by using a quitclaim deed?
Yes. The person who owns the life estate can execute a quitclaim deed to the fee owner that releases all of their right, title and interest in the property. A statement can be added to the deed stating that the purpose of the deed is to extinguish the life estate. Once that release deed has been recorded the property will be free of the life estate.
How do you get conveyance deed without landowner signature?
In order to transfer the ownership of real estate the owner must sign a deed. If the owner has died then the court appointed fiduciary can execute a deed if they have the right to sell real estate in the will or get a license to sell real estate from the court. After the estate has been settled the heirs can execute a deed.
How do you get the deed to a house if the owner has died and the mortgage is paid?
The deed belongs to the estate and the estate can transfer the property in accordance with the will or the laws of intestacy.
Is the person being granted a gift deed of house and property for their lifetime only required to make major repairs to the house if there were no provisions for this included in the gift of deed?
A gift deed is a deed in which the consideration is not monetary but is made in return for love and affection. It is a document which transfers ownership of property to another as a gift. What you described is a life estate. A life estate is the right to the use and possession of a property for the duration of the life tenant's natural life. A life estate does not confer ownership only an exclusive right to use.If there were no conditions set forth in the grant of life estate then you need to check your state laws to determine the responsibilities and obligations of the life tenant.A gift deed is a deed in which the consideration is not monetary but is made in return for love and affection. It is a document which transfers ownership of property to another as a gift. What you described is a life estate. A life estate is the right to the use and possession of a property for the duration of the life tenant's natural life. A life estate does not confer ownership only an exclusive right to use.If there were no conditions set forth in the grant of life estate then you need to check your state laws to determine the responsibilities and obligations of the life tenant.A gift deed is a deed in which the consideration is not monetary but is made in return for love and affection. It is a document which transfers ownership of property to another as a gift. What you described is a life estate. A life estate is the right to the use and possession of a property for the duration of the life tenant's natural life. A life estate does not confer ownership only an exclusive right to use.If there were no conditions set forth in the grant of life estate then you need to check your state laws to determine the responsibilities and obligations of the life tenant.A gift deed is a deed in which the consideration is not monetary but is made in return for love and affection. It is a document which transfers ownership of property to another as a gift. What you described is a life estate. A life estate is the right to the use and possession of a property for the duration of the life tenant's natural life. A life estate does not confer ownership only an exclusive right to use.If there were no conditions set forth in the grant of life estate then you need to check your state laws to determine the responsibilities and obligations of the life tenant.
What is a deed of assignment?
A deed of assignment transfers real estate from a debtor to a creditor.
