What Is a Life Estate?
Many of our clients from ConocoPhillips have been curious to know more about Life Estates. A life estate, sometimes called a life interest, is a form of property ownership. It is an interest in property for the duration of the holder's, sometimes called a life tenant's, life. The holder of a life estate does not enjoy a complete ownership interest in the property as he or she would under joint tenancy, tenancy by the entirety, and tenancy in common. Instead, a life estate creates a split-interest made up of the life estate and the remainder interest or whatever is left when the life estate ends.
A life estate is an interest that gives the holder the right to possess, use, and enjoy the property or income from the property for life. When the holder dies, the remainder interest automatically reverts back to the original owner or passes to the next beneficiary (called the remainder person). Although both the life estate and the remainder interest can be sold, they are not usually marketable unless they are sold together. An original owner of property can keep only a life estate and sell his or her remainder interest.
Alternatively, he or she can transfer a life estate and either keep the remainder interest or name another beneficiary to receive it when the life estate ends. Because a life estate is only a temporary interest that will pass to another party, the holder is legally obligated to take care of the property. The holder may have to account for and pay for any loss the property suffers during the life estate period. Although other property can be held as a life estate, it is generally used in relation to real estate.
Caution: We'd like our ConocoPhillips clients to be aware that a gift with a retained life estate will not help minimize estate taxes, but it may help minimize your exposure to creditors.
Example(s): Joey owns several shares of stock in an electric utility company, which he bought in the late 1970s for $16 a share. In the mid-1990s, the shares were trading at $43. In 1995, Joey gifted those shares to his daughter Delores with the agreement that he would continue to receive the monthly dividend that the shares produced for the rest of his life. Joey now owns a life estate in the income produced by the shares, while Delores has the remainder interest.
What Are The Advantages of a Life Estate?
Provides for Your Spouse during His or Her Life While Ensuring That Your Children Ultimately Receive the Property
One major advantage of a life estate that our ConocoPhillips clients should keep in mind is that a life estate allows you to provide for your spouse and give your property to your children at the same time. This is especially advantageous if you want to prevent your spouse from wasting the property or disinheriting your children after you die.
Example(s): Joey specifies in his will that his second wife, Ethel, will have the use of his home and vacation home during her lifetime, but that upon either her death or remarriage, the houses will go to the children from his first marriage, Denise and Delores.
Provides You With Income or a Place to Live During Your Life While Transferring the Property to Your Children
Another benefit that our ConocoPhillips clients should be aware of is that a life estate allows you to keep your house or income but also transfer your property to your children now. In this situation, helping your children may be your primary financial concern.
Example(s): Simon is getting older and wants to scale back his lifestyle. His daughter Amelia has just graduated from college and has landed her first job as a junior account executive for an advertising agency. To boost Amelia's net worth, Simon deeds his personal residence to her but retains the right to live in the home for the rest of his life.
Allows You to Provide Someone with an Income or a Place to Live Yet Still Retain Control Over Who Ultimately Receives the Property
You can give the income from the income-producing property to any person for that person's life and then leave the asset to someone else when the holder of the life estate dies.
Example(s): Alan specifies in his will that his son Mark will receive income from some investments for life, but that upon Mark's death, the investments will go to Alan's grandchildren in equal shares to do with as they think best.
Allows You to Provide For More Than One Person
The next advantage we'd like to point out to our ConocoPhillips clients is that you can provide for more than one person by leaving a life estate to one and the remainder interest to another.
May Be Created Inexpensively
A life estate created by gift or sale is relatively inexpensive to implement. Simply record the title or deed as a life estate interest. However, we'd like our ConocoPhillips clients to be aware that a life estate created by will or trust may be more expensive because of the additional legal and administrative costs.
May Help Holder Qualify for Medicaid
A transfer subject to a life estate may help you qualify for Medicaid because the remainder interest will not be a countable asset once any period of ineligibility has elapsed. However, the life estate itself is counted as an available asset. Also, because you retain an interest in the asset, any ineligibility period imposed on the transfer will be shorter than if you had transferred the asset entirely.
Caution: We'd like our ConocoPhillips clients to be aware that the purchase of a life estate in another's home is treated differently than transferring property and retaining an interest. Generally, for purchases made on or after February 8, 2006, the transfer of money for the life estate will be countable for Medicaid eligibility purposes unless you have lived in the home for at least one year after the purchase. Be advised that the February 8, 2006 effective date is mandated under federal law, and may be slightly different under your state's law.
Avoids Probate
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Probate is the court-supervised process of administering a will. It can be costly and time-consuming. At the death of the holder, the property automatically passes to the remainder person and avoids probate.
Holder Retains Complete Possession for Life
Unlike joint ownership arrangements, a life estate holder retains the complete right to the possession of the property, including the right to receive rent. The holder also remains entitled to any abatements, as well as the right to keep a homeowner's insurance policy on the property.
What Are The Tradeoffs?
Gifts of Remainder Interests Are Subject to Gift Tax
Gifting property to someone else and retaining a life interest will result in a taxable gift upon which a gift tax may be due. The gift tax will be based on an actuarial value of the remainder interest at the time of the gift.
Tip: Because of certain exclusions, deductions, and credits allowed, you may not actually have to pay any gift tax.
Property May Remain In Holder's Gross Estate, Subject to Estate Taxes
The IRS does not allow you to merely transfer title to the property in order to escape estate taxes. Therefore, the IRS considers a life estate to be full ownership for estate tax purposes. Generally, the full value of the property will be included in your gross taxable estate when you die, unless you have either gifted the life estate at least three years before your death or have sold the property in a bona fide sale.
Transfers of a Life Estate to a Spouse May Not Qualify For the Unlimited Marital Deduction
The unlimited marital deduction is not available to you or your estate if your spouse receives a life estate instead of a full ownership interest in the property because he or she does not have the right to dispose of the property.
Tip: You or your personal representative can restore the unlimited marital deduction by electing QTIP treatment for the property.
Holder Does Not Have Absolute Control Over The Property
We'd like our ConocoPhillips employees to be aware that depending on state law or how the agreement creating the life estate is set up, you may have to get consent from the ultimate recipient of the property to invest it or make any improvements.
Property May Have Reduced Resale Value
Because the property is subject to a life estate, the remainderperson may not be able to sell it during the holder's life. If the remainderperson can find a buyer for the property, the price he or she receives may be less than the fair market value of the property.
Sale Is Subject to Capital Gain Tax
The gain on the sale is allocated to both the holder and the remainderperson. This is done using complicated IRS tables designed to value both the life estate and the remainder interest in the property.
Tip: If you are the holder of a life estate and if the sale is of your primary residence and you otherwise qualify, you may exclude the portion of the gain that is allocable to your life interest up to $250,000 ($500,000 on a joint return).
Sale Proceeds for the Portion Allocable to the Life Estate Are Countable For Medicaid Purposes
The portion of the sale price that is considered to be the value of the life estate is deemed payable to the holder and would therefore be countable for Medicaid eligibility purposes.
How Is A Life Estate Created?
After reading this article, some of our ConocoPhillips clients may be wondering, how is a life estate created? You can establish a life estate through gift, purchase or sale, will, or trust. A life estate trust provides all the benefits of a life estate plus, it may provide for, among other things:
- Increased asset protection because the property is owned by the trust
- Privacy because the property is titled in the trust's name
- The right to change the remainderperson(s)
- Automatic inclusion of remainderpersons (e.g., future children)
How does the retirement process at ConocoPhillips provide guidance to employees in selecting the most beneficial form of payment? In what ways can employees utilize available resources to maximize their understanding of the pension options offered by ConocoPhillips?
The retirement process at ConocoPhillips provides employees with various resources to guide them in selecting the most beneficial form of pension payment. Employees can access the "How to Choose the Best Form of Payment" link on Your Benefits Resources™ (YBR) to learn more about their options and determine what works best for their financial situation(ConocoPhillips_Your_Ret…).
What steps must be completed by employees at ConocoPhillips to ensure they initiate their retirement process accurately and avoid any delays? How crucial is the timing of these steps in determining the Benefit Commencement Date (BCD)?
Employees at ConocoPhillips must initiate the retirement process by requesting their pension paperwork 60-90 days before their Benefit Commencement Date (BCD). Timing is crucial, as missing deadlines may delay the BCD and associated payments. Completing all steps on time ensures that the retirement process flows smoothly(ConocoPhillips_Your_Ret…).
Given the complexities associated with the lump-sum pension payment option at ConocoPhillips, what considerations should employees take into account before electing this choice? How does the current interest rate at the Benefit Commencement Date impact the lump-sum amount?
Before electing a lump-sum pension payment, ConocoPhillips employees should consider the current interest rate at their BCD, as it directly affects the lump-sum amount. A higher interest rate typically reduces the lump-sum payment, making timing and rate awareness critical(ConocoPhillips_Your_Ret…).
In what ways can ConocoPhillips employees ensure their Pension Election Authorization form is completed correctly to facilitate timely pension payments? What are the implications of not adhering to the required notarized consent for married participants?
Ensuring the correct completion of the Pension Election Authorization form is vital for timely pension payments. For married participants, notarized spousal consent is required, and failure to provide this could result in delays or issues with payment processing(ConocoPhillips_Your_Ret…).
How does choosing direct deposit for pension payments at ConocoPhillips streamline the retirement process for employees? What should employees know about setup and changes regarding direct deposit after initiating their pension benefits?
Choosing direct deposit for pension payments simplifies the process for employees at ConocoPhillips, as it enables automatic payments to their bank account. Employees can set up direct deposit during their retirement process or update it at a later time(ConocoPhillips_Your_Ret…).
For employees considering rolling over their lump-sum pension payment from ConocoPhillips, what procedures should they follow to ensure compliance with IRS regulations and to avoid tax penalties? How can effective planning influence the success of this rollover?
Employees electing to roll over their lump-sum pension payment must follow specific IRS regulations to avoid tax penalties. Effective planning, such as obtaining rollover paperwork and adhering to IRS rules, ensures compliance and smooth fund transfer(ConocoPhillips_Your_Ret…).
What resources does ConocoPhillips provide for employees to calculate and project their retirement income? How can these tools empower employees to make informed decisions regarding their future financial security?
ConocoPhillips provides employees with tools such as the "Project Retirement Income" feature on YBR, empowering them to calculate and project their retirement income. These resources help employees make informed decisions about their financial future(ConocoPhillips_Your_Ret…).
How do deadlines play a pivotal role in the benefits process for retiring employees at ConocoPhillips, and what specific dates must be adhered to in order to avoid payment delays? Can you provide examples of consequences resulting from missed deadlines?
Deadlines are critical in ConocoPhillips' retirement process, as missing them can delay pension payments. For example, requesting pension paperwork after the 15th of the month can delay the BCD by a month, affecting the pension payout date(ConocoPhillips_Your_Ret…).
What are the added advantages for employees at ConocoPhillips who actively seek assistance or information from the Benefits Center during their retirement planning? How can this proactive approach enhance their overall retirement experience?
Employees who seek assistance from the Benefits Center during their retirement planning benefit from personalized guidance. This proactive approach ensures that they fully understand their options and deadlines, enhancing their overall retirement experience(ConocoPhillips_Your_Ret…).
How can employees at ConocoPhillips contact the Benefits Center to receive personalized assistance in navigating their retirement options? What specific resources and support can they expect when reaching out for help?
ConocoPhillips employees can contact the Benefits Center by calling 800-622-5501 or accessing YBR online. The Benefits Center provides personalized assistance and guidance, helping employees navigate their pension options effectively(ConocoPhillips_Your_Ret…).