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Understanding Life Estates: A Comprehensive Guide for Southwest Gas Holdings Employees

Healthcare Provider Update: Healthcare Provider for Southwest Gas Holdings Southwest Gas Holdings provides healthcare benefits through a variety of insurers, primarily utilizing Aetna for their healthcare plans. This partnership enables employees to access a broad network of healthcare services. Expected Healthcare Cost Increases in 2026 As we approach 2026, healthcare costs are anticipated to soar, significantly impacting those affiliated with Southwest Gas Holdings. This expected surge stems from factors such as the expiration of enhanced federal subsidies for Affordable Care Act (ACA) plans, which could lead to a staggering increase of over 75% in out-of-pocket premiums for many enrollees. Moreover, aggressive rate hikes from major insurers, combined with rising medical costs, suggest that employees and retirees may face a challenging financial landscape in the coming year. Proactive management of health benefits and planning will be crucial for individuals navigating these increasing costs. Click here to learn more

What Is a Life Estate?

Many of our clients from Southwest Gas Holdings 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 Southwest Gas Holdings 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 Southwest Gas Holdings 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 Southwest Gas Holdings 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 Southwest Gas Holdings 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 Southwest Gas Holdings 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 Southwest Gas Holdings 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 Southwest Gas Holdings 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 Southwest Gas Holdings 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 Southwest Carpenters Pension Plan accommodate changes in benefits for employees who have been affected by the COVID-19 pandemic, and what specific provisions have been implemented to ensure continuity of pension credit during such interruptions? Employees of the Southwest Carpenters Pension Plan are particularly encouraged to review how these provisions may impact their retirement plans and benefits, especially given the unprecedented circumstances of the pandemic.

The Southwest Carpenters Pension Plan accommodated changes due to COVID-19 by extending various deadlines for participants, such as the 12-month deadline to apply for pension credit for periods of disability, and other deadlines regarding claims and appeals. These extensions were applied from March 1, 2020, to a period of up to one year after the original deadline or 60 days after the end of the COVID-19 national emergency, ensuring continuity of pension credit during the pandemic interruptions(Southwest Carpenters Pe…).

What enhancements to pension benefit calculations have been introduced for the years following January 1, 2021, under the Southwest Carpenters Pension Plan, and how do these changes affect participants working more than 1,800 hours? This question emphasizes the implications of increased benefit accrual rates and the actual processes employees must follow to calculate their pensions effectively.

Enhancements to pension benefit calculations effective January 1, 2021, under the Southwest Carpenters Pension Plan include an increase in the monthly benefit accrual rate for participants working 1,800 hours or more. The rate increased from $100 to $200, and for those working more than 1,800 hours, a maximum benefit accrual rate of $244.44 was introduced(Southwest Carpenters Pe…).

In the context of the Southwest Carpenters Pension Plan, could you explain the eligibility criteria for receiving a Service Pension and how employees can accumulate the necessary Pension Credits more quickly? This consideration is vital for members who wish to understand the retirement options available to them and the strategies they might employ in their careers to maximize their benefits under the Southwest Carpenters Pension Plan.

Employees of the Southwest Carpenters Pension Plan are eligible for a Service Pension after earning 30 years of Pension Credit. Additional Service Pension Eligibility Credit was introduced, allowing employees working over 1,800 hours annually to accumulate credits more quickly, up to a maximum of 2,200 hours(Southwest Carpenters Pe…).

How do temporary disability benefits interact with the accumulation of Pension Credits within the Southwest Carpenters Pension Plan? Specifically, employees may have questions about how their working history and service time might be affected should they take leave for health-related reasons, highlighting the intricate balance between pay and benefits during challenging times.

Temporary disability benefits under the Southwest Carpenters Pension Plan allow participants to accumulate Pension Credits during non-working periods if they are on short-term disability or receiving workers' compensation. Pension Credits can be granted for up to 1,200 hours annually, depending on the nature of the disability and employment history(Southwest Carpenters Pe…).

What are the implications of the revised definitions under the Required Beginning Date as specified by the Southwest Carpenters Pension Plan, particularly in compliance with the SECURE Act (Setting Every Community Up for Retirement Enhancement Act)? Employees should understand how these legislative changes affect their retirement strategies, especially in light of penalties for failing to comply with mandatory commencement dates.

The Required Beginning Date for the Southwest Carpenters Pension Plan was revised to comply with the SECURE Act. Participants born on or after July 1, 1949, must begin receiving benefits by April 1 of the calendar year following the year they turn 72. Failure to comply with this could result in a 50% excise tax(Southwest Carpenters Pe…).

How can employees of the Southwest Carpenters Pension Plan navigate the process for applying for pension credit during periods of Temporary Disability, and what specific documentation is required? This inquiry encourages a deeper understanding of protocol surrounding disability applications and the associated benefits that participants are entitled to under the Plan.

Employees applying for pension credit during periods of Temporary Disability must submit a written application within one year of the onset of the disability, and provide documentation such as state-approved short-term disability certification or workers' compensation benefits(Southwest Carpenters Pe…).

What are the implications of the retroactive increases to the Southwest Carpenters Pension Plan benefits aimed at participants who accrued credit during the years 2011 to 2020, and how can affected employees determine their eligibility for said increases? Employees often seek clarification on how historical contributions can manifest in current benefits.

Retroactive increases to the Southwest Carpenters Pension Plan benefits for the years 2011 to 2020 apply to participants who worked at least 1,000 hours in 2020 or under specific collective bargaining agreements. A 50% increase in benefit accrual rates was applied to these years, and eligible employees can determine their eligibility based on their hours worked(Southwest Carpenters Pe…).

What role does the Southwest Carpenters Administrative Office play in assisting employees who have questions regarding modifiability in their pension plans, and what are the best methods for contacting them for assistance? This question highlights the importance of communication within the organization concerning employee inquiries and issue resolution.

The Southwest Carpenters Administrative Office assists employees with questions regarding modifications to their pension plans. Participants can contact them at (213) 386-8590 or (800) 293-1370 for personalized assistance(Southwest Carpenters Pe…).

Can you detail the factors influencing the Benefit Accrual Rate for participants of the Southwest Carpenters Pension Plan for the calendar years after 2021, and how might employees calculate their expected pension benefits? Participants will want to understand the nuances of how their benefits are computed to make informed decisions regarding their retirement planning.

The Benefit Accrual Rate for participants of the Southwest Carpenters Pension Plan after 2021 increased to $200 for 1,800 hours worked, with higher accrual rates for additional hours. Employees can calculate their benefits by multiplying their benefit accrual rate by the applicable benefit factor(Southwest Carpenters Pe…).

In the event of legal actions regarding benefits under ERISA against the Southwest Carpenters Pension Plan, what venue restrictions apply, and what does this mean for participants seeking resolution in disputes? Employees need to be informed of the legal frameworks governing their benefits and understand their rights and the procedures that affect their claims within the Southwest Carpenters Pension Plan.

Legal actions regarding benefits under ERISA against the Southwest Carpenters Pension Plan must be filed in Federal District Court in Los Angeles County, California. This venue restriction defines the jurisdiction where participants must file claims(Southwest Carpenters Pe…).