Life Estate & Tax implications for California, and medicaid

Author Message


Post Posted: Mon Jan 21, 2008 1:54 pm    Post subject: Life Estate & Tax implications for California, and medic

I also wanted to ask was, does she have to claim anything on her taxes if she does this quick claim deed to me with the life estate wording? Is this consider a gift and she has to pay taxes on it? They live in California and I do not know what the state exemption or what the federal exemptions are to give gifts and would this action count as one.

I read in the many bullentins that if in New York they have a state gift limits, and it would help a family that might need medicaid as to not loose the property if it was deeded over later they could not take it or part of it, should my grandparents need to go into a facility where they might need more help. Is this true does anyone know about the California laws of giving up your property in a Life Estate can they(the state) take it back later to get money back from you for them?

Confused on how this all works.

Need help choosing the right loan? Get free consultation from community lenders/consultant
Icon Mini Profile larry

Joined: 27 Jun 2007

Posts: 3322

474.68 Dollars($)
Post Posted: Mon Jan 21, 2008 4:32 pm    Post subject:


I think there are various ways to avoid gift tax. Contact with an estate planning attorney and he will help you to avoid the gift tax.

Generally gift tax exemption limit is $12000 per year. If it worth more than that, IRS will ask you to pay tax.

Feel free to ask if you have anything to ask or share.

Best of luck,
Icon Mini Profile sara

Joined: 05 Jul 2006

Posts: 3236
Location: New Brunswick, New Jersey
581.42 Dollars($)
Post Posted: Tue Jan 22, 2008 4:14 am    Post subject: RE: life estate and taxes on quitclaim

Hi Funny2me,

Please don't be confused. Let's try to make it simple.

Gift taxes are something which one pays when he/she quitclaims property with little money consideration which is far below the property's worth. However, there are gift tax exemptions too.

"Is this true does anyone know about the California laws of giving up your property in a Life Estate can they (the state) take it back later to get money back from you for them?"

A quitclaim deed with a life estate can be reverse if the person to whom it is quitclaimed agrees to it. But there ane't any such laws in California as far as I know.

Take Care


Post Posted: Tue Mar 10, 2009 8:13 pm    Post subject: life estates

a mother retains a life estate and remainship is 3 children. Should this have been notated on taxes of the mother or the children? Upon the mother's death, what tax liabilities are there? Can a person remove themselves as a remainderman?
Icon Mini Profile jenkin7

Joined: 04 Jun 2007

Posts: 4537
Location: Hawaii
728.42 Dollars($)
Post Posted: Fri Mar 13, 2009 12:00 am    Post subject:

Hi mh,

I think it should be noted on the tax return of the mother as she is the one transferring the title as the grantor. Upon the mother's death, the children would be liable to pay the taxes related to the prmperty. If someone wants to get rid of the ownership of the property, he/she needs to sign a quit claim deed to give up his/her interest.
leslie green


Post Posted: Thu Dec 23, 2010 8:31 pm    Post subject: Life tenant in California

Is there any liability for annual state and/or federal income taxes?


Post Posted: Fri Dec 24, 2010 2:25 am    Post subject:

I don't think the life tenant will have any liability in this regard.
All times are GMT - 7 Hours
Page 1 of 1


Page loaded in 0.626 seconds.