Life Estate & Tax implications for California, and medicaid

Guest 0.10 Dollars($)

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.
Teresa

larry · Joined: 27 Jun 2007 Posts: 2911 403.68 Dollars($)

Hi,

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,
Larry

sara

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

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