11. Retained Life Estates And Remainder Interests In Houses And Farmlands, Element 1 Of 2

Life EstateIf you’re attempting to get eligibility for Medicaid and are worried that your house will disqualify you, think about getting an irrevocable trust. While the property will not be incorporated in the probate estate, it will be incorporated in the taxable estate. History tells us that President Johnson reportedly transferred property to his wife by using such a deed. As discussed beneath, Lady Bird Deeds or Transfer-On-Death Deeds offer quite a few of the positive aspects of Life Estate Deeds, but give the grantor/life tenant broader rights to use the property.

If a life tenant purports to transfer the underlying ‘reversionary’ interest, which a life tenant by no means has, this constitutes an actionable breach of trust for damages and may well constitute criminal fraud however may not entitle the ultimate reversioner (or substituted beneficiaries) to be able to obtain a court declaration that the home is their own if …

11. Retained Life Estates And Remainder Interests In Houses And Farmlands, Element 1 Of 2 Read More