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Life Estate & Tax implications for California, and medicaid

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

larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 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

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:37 | Post subject:

sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:37 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:37 | Post subject:

jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:37 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:37 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I don't think the life tenant will have any liability in this regard.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:37 | Post subject:

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