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356v
February 23, 2022
Question

Life Estate, partial ownership

  • February 23, 2022
  • 1 reply
  • 0 views

In 1996, my parents created a life estate and gifted their house to me. Their accountants also filed gift tax returns for IRS and the state for that year. 

My mother still lives in the house and my father passed away.  At this point, for IRS, what percentage of the house is owned by my mother, and what percentage by me?  Since gift taxes were paid, it might appear that the gift was completed.

1 reply

LeonardS
LeonardS
February 23, 2022

Generally, when a couple has set up a life estate the estate does not pass to the beneficiary until both individuals have passed away.  The life estate is a legal document that has tax consequences so you may want to seek legal advice if you have any questions regarding the terms of the life estate.

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    3
    356vAuthor
    February 23, 2022

    If the "gift" doesn't occur until the death of all life tenants, it still seems strange that the gift tax is paid before their death.

    ColeenD3
    ColeenD3
    February 23, 2022

    That's not what @Leonard11_2 Smith said.

     

    "Generally, when a couple has set up a life estate the estate does not pass to the beneficiary until both individuals have passed away."

     

    A donor gives a gift while still alive. A decedent leaves an inheritance after death to a beneficiary.

     

    What Is a Life Estate?

    A life estate refers to property owned by an individual during their lifetime and prevents beneficiaries from selling the property before death.

     

     

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