What Is a Life Estate?
Many of our clients from Occidental Petroleum 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 Occidental Petroleum 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 Occidental Petroleum 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 Occidental Petroleum 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 Occidental Petroleum 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 Occidental Petroleum 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 Occidental Petroleum 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 Occidental Petroleum 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 Occidental Petroleum 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)
What are the key provisions of the Occidental Petroleum Corporation Retirement Plan that employees should understand to maximize their benefits, and how does the company structure its contributions relative to employees' earnings? As employees of Occidental Petroleum Corporation consider their retirement planning, it's vital to grasp how the company's contributions function, particularly concerning the wage base and annual earnings limits.
Key Provisions of the Occidental Petroleum Corporation Retirement Plan: The Occidental Petroleum Corporation Retirement Plan is fully funded by the company, with contributions based on an employee's annual earnings. The company contributes 7% of annual earnings up to the Social Security wage base ($137,700 in 2020) and 12% on earnings above the wage base. This structure is designed to help employees build substantial retirement savings. The plan's benefit limits align with IRS regulations, and employees should be aware of how these contributions are applied based on annual earnings limits to maximize their benefits(Occidental_Petroleum_Co…).
How can Occidental Petroleum Corporation employees manage their investment options within the Retirement Plan, and what resources does the company provide to help them make informed decisions? The investment options available through the Occidental Petroleum Corporation Retirement Plan serve as a significant tool for employees wishing to tailor their retirement savings according to their financial goals and risk tolerance. Understanding these options can be complex and requires an in-depth exploration of available funds, associated risks, and projected performance.
Managing Investment Options: Occidental Petroleum employees have control over how contributions to their Retirement Plan are invested. The plan offers various investment funds, including bond and stock market index funds, and target date funds. Employees can manage their investment elections through the online platform, oxy.voya.com, which also provides fund performance data and advice resources, such as Online Advice and Professional Management services, to assist employees in making informed decisions(Occidental_Petroleum_Co…).
In what ways do vesting schedules impact employees' retirement benefits at Occidental Petroleum Corporation, and what rights do employees have under the Employee Retirement Income Security Act (ERISA) regarding these benefits? Navigating the vesting schedule can make a profound difference in the go-forward retirement landscape for employees. Occidental Petroleum Corporation offers a structured approach to vesting, impacting when benefits are owned outright, and understanding the implications of ERISA for retirement planning is essential for all employees.
Impact of Vesting Schedules: Occidental Petroleum's Retirement Plan vests fully after three years of service. Employees are always fully vested in any Rollover accounts. Vesting schedules impact when employees can fully claim their retirement benefits, with protections under ERISA that guarantee the right to earned benefits. Employees who leave before vesting forfeit the nonvested portion of the company’s contributions(Occidental_Petroleum_Co…)(Occidental_Petroleum_Co…).
What are the distribution options available for employees of Occidental Petroleum Corporation when they reach retirement age, and how do these options affect their financial planning? The variety of distribution options at Occidental Petroleum Corporation can create a much more personalized retirement plan, allowing employees to consider how best to receive their benefits while factoring in tax implications and future income needs.
Distribution Options at Retirement: Employees reaching retirement age (60) have multiple distribution options from the Retirement Plan, including lump sum payments and annuity options. These choices impact financial planning, as each option has different tax and income implications, allowing employees to tailor their benefits to their future financial needs(Occidental_Petroleum_Co…)(Occidental_Petroleum_Co…).
How does Occidental Petroleum Corporation support employees who experience disability, and what provisions are in place for continuing retirement contributions during such periods? Understanding the support structure provided by the company, specifically in relation to short-term and long-term disability, is crucial for employees who may find themselves in unexpected circumstances. It’s important for them to know whether retirement contributions will continue during their disability or if they might need to make adjustments to their financial planning.
Disability and Retirement Contributions: Occidental Petroleum continues to contribute to the Retirement Plan if an employee is receiving short-term disability benefits. The contributions are based on the employee's actual pay during the disability period. This provision ensures that retirement savings can continue during times of temporary disability, supporting long-term financial planning(Occidental_Petroleum_Co…).
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Beneficiary Designations: Employees should regularly update their beneficiary designations to ensure their retirement benefits are directed as desired upon their death. Changes in personal circumstances such as marriage, divorce, or the death of a previously designated beneficiary should prompt an update. Failure to do so may result in unintended allocations(Occidental_Petroleum_Co…)(Occidental_Petroleum_Co…).
What are the specific eligibility requirements for the Occidental Petroleum Corporation Retirement Plan, and how do these requirements differ for various employee categories, such as full-time versus part-time employees? Recognizing the nuances of eligibility criteria within the retirement plan is essential for employees to understand when they can begin to participate and what contributions may apply, especially if they transition between roles.
Eligibility Requirements: Full-time and part-time non-union employees and some union-represented employees are eligible to participate in the plan. Contributions begin automatically on the first day of the month of employment or eligibility. Understanding the specific eligibility requirements, especially for employees transitioning between full-time and part-time roles, ensures accurate participation and benefit accumulation(Occidental_Petroleum_Co…).
How can employees reach out to Occidental Petroleum Corporation for assistance regarding their Retirement Plan benefits, and what are the best practices for ensuring their inquiries are addressed promptly? Effective communication with the company is key during the retirement planning process. Employees should know how to navigate company channels to maximize their understanding of benefits available to them.
Contacting Occidental Petroleum for Assistance: Employees can manage their retirement plan and address inquiries through the Oxy Retirement Service Center and the oxy.voya.com platform. Best practices for ensuring prompt responses include using the appropriate online tools and staying informed about plan updates and changes(Occidental_Petroleum_Co…).
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Tax Implications of Distributions: Distributions from the Occidental Petroleum Retirement Plan are subject to standard federal and state taxes, including required minimum distributions (RMDs) starting at age 72. Employees should consider consulting a tax advisor to minimize tax burdens and maximize retirement income by understanding the specific tax consequences of various distribution options(Occidental_Petroleum_Co…).
How does Occidental Petroleum Corporation's retirement plan structure address the needs of employees transitioning from active service to retirement, particularly in terms of investment performance and management of existing accounts? As employees consider retirement, they should be well-informed about how the company manages contributions already made, ensuring that their investment strategy aligns with their anticipated retirement lifestyle and goals.
Transition from Active Service to Retirement: Occidental Petroleum supports employees transitioning to retirement by continuing contributions and offering a range of investment options that align with long-term financial goals. This structure allows employees to manage their investments effectively during retirement, ensuring that the plan remains aligned with their financial objectives(Occidental_Petroleum_Co…).