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What Is a Life Estate?
Many of our clients from Fox 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 Fox 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 Fox 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 Fox 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 Fox 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 Fox 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 Fox 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 Fox 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 Fox 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 21st Century Fox America Inc. determine the funding status of its pension plan, and what key metrics are utilized in evaluating its financial health? Employees may want to understand the significance of the Funding Target Attainment Percentage and how it influences their retirement benefits, especially as it pertains to both the general and specific circumstances affecting funding levels.
Funding Status and Metrics: 21st Century Fox America Inc. determines the funding status of its pension plan by calculating the Funding Target Attainment Percentage (FTAP), which divides the plan’s net assets by its liabilities. For the 2022 plan year, the FTAP was 125.79%. This metric is crucial because it indicates how well the plan is funded. A high FTAP suggests that the plan is well-funded and capable of meeting its obligations, which directly influences employees' retirement security(21st Century Fox Americ…).
What considerations does 21st Century Fox America Inc. take into account when deciding the investment strategies for its pension plan? Employees should be informed about the policy guidelines that govern the allocation of the plan's assets, including which asset classes are prioritized and the expected outcomes from such investment decisions.
Investment Strategy Considerations: The company follows specific investment policies that establish guidelines for asset allocation within the pension plan. These policies ensure that assets are allocated among major categories like equities, fixed income, and cash. The fiduciaries of the plan determine the target ranges for each category, aiming for stable returns and long-term viability(21st Century Fox Americ…).
How can employees of 21st Century Fox America Inc. assess their rights and the processes involved should the pension plan terminate? This includes evaluating the stipulations provided by federal laws that dictate what happens to vested benefits upon termination and what steps participants can take to secure their entitlements.
Rights and Pension Termination: Should the pension plan terminate, federal law requires 21st Century Fox America Inc. to follow certain procedures. If fully funded, the plan would undergo a standard termination, where an insurance company provides annuities, or a lump sum may be offered. In underfunded cases, a distress termination could occur, where the Pension Benefit Guaranty Corporation (PBGC) takes over(21st Century Fox Americ…).
What are the recent changes in federal regulations influencing how pension plans, such as the one at 21st Century Fox America Inc., calculate their liabilities? Employees need to grasp the implications of these regulations on their future benefits, specifically regarding the new methodologies for determining financial sufficiency.
Impact of Federal Regulations: Recent changes in federal regulations, including the American Rescue Plan Act of 2021, adjusted the methodologies for calculating pension liabilities. Plans now incorporate a 25-year interest rate average, which typically results in higher interest rates and lower liabilities, affecting the funding status and employer contributions(21st Century Fox Americ…).
In the context of 21st Century Fox America Inc., what is the role of the Pension Benefit Guaranty Corporation (PBGC) in guaranteeing pension benefits, and what are the criteria for ensuring benefits remain secure? Understanding how the PBGC functions and its limits is critical for employees planning their retirements.
Role of PBGC: The PBGC provides a guarantee for vested pension benefits in the event of plan termination. The guarantee is subject to legal limits, which vary depending on the participant’s age and the plan’s termination date. For 2023, the maximum annual benefit for a 65-year-old retiree was $81,000(21st Century Fox Americ…).
What steps can employees take to access information related to their pension plan from 21st Century Fox America Inc., and how can they ensure they receive timely updates regarding their benefits? Details about the channels available for inquiries and the importance of keeping informed about funding levels and benefits are crucial.
Accessing Pension Information: Employees can access information about their pension plan through the Disney Benefits Center by calling (800) 354-3970. Staying informed about the plan’s funding levels and benefits is essential, and employees are encouraged to review the annual funding notice for updates(21st Century Fox Americ…).
How does 21st Century Fox America Inc. manage the risks associated with its pension investments, particularly in a volatile market climate? Employees could benefit from insights into risk management strategies and how they affect long-term pension viability.
Risk Management in Investments: To manage investment risks, 21st Century Fox America Inc. adheres to a diversified asset allocation strategy. This approach helps mitigate market volatility and ensures the long-term sustainability of pension benefits despite changing economic conditions(21st Century Fox Americ…).
In what ways can a participant's years of service and salary history with 21st Century Fox America Inc. affect their retirement benefits, and what mechanisms are in place to ensure accurate benefit calculations? Exploring the relationship between service, salary, and pension outcomes can help clarify employee expectations.
Service and Salary Impact on Benefits: The pension plan is structured to account for employees' years of service and salary history in calculating their retirement benefits. These factors directly affect the benefit amount, and the plan ensures that accurate records are maintained to reflect this information(21st Century Fox Americ…).
What unique benefits does 21st Century Fox America Inc. offer that may enhance its pension plan, and how can employees maximize their advantages while planning for retirement? Understanding available supplemental benefits can empower employees in their retirement planning journeys.
Enhancing Pension Benefits: Employees of 21st Century Fox America Inc. may benefit from supplemental retirement benefits, including early retirement options or disability benefits. Understanding and maximizing these options can significantly impact long-term retirement planning(21st Century Fox Americ…).
How can employees of 21st Century Fox America Inc. get in touch with the Disney Benefits Center to inquire further about their employee benefits or to clarify any aspects of the pension plan? Having clear contact information and the process for accessing support can greatly assist employees in navigating their retirement preparation.
Contacting the Disney Benefits Center: Employees can reach out to the Disney Benefits Center at (800) 354-3970 for any inquiries related to their pension plan or other employee benefits. This resource is crucial for clarifying benefit details and addressing any concerns(21st Century Fox Americ…).
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