[WSBARP] Life Estate Deed

nestor at pplsweb.com nestor at pplsweb.com
Fri Jan 11 09:10:59 PST 2019


PC's owns property which he put in father and mothers name. He is not sure
he wants to be put in title, just yet, but wants to make sure he gets the
property on death. He asked me about a TOD deed, but that can always be
canceled. I thought of 2 scenarios that would be better. (1) F &M convey to
F&M and PC as joint tenants with the right of survivorship. There will be
excise tax on conveyance of partial interest since there is an outstanding
DT; or (2) F&M to F&M a life estate with remainder to PC.

 

I believe that option 2 will be better, since there is no transfer of a
present interest (no excise tax) and parents cannot terminate remainder
interest.

 

I am curious as to which way, my learned colleagues would go or show me the
error of my ways.

 

Happy Friday!

 

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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