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Asked in MA May 26, 2022 ,  0 answers Visitors: 3

Life Estate

A friend of mine holds title to his parents home (they have owned for 40 years and put in his name in 1992) with a life estate for his parents. His parents are now living with him and they want the house sold. The question is this...are the proceeds split 50/50 wit their son? Do they all pay capital gains? Can the parents use their one time exemption? They have lived there up until 1 month ago and the son has not lived there since 1995 or so.

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2 Answers

Anonymous
Reply

Posted on / Sep. 23, 2008 11:44:00

Re: Life Estate

The parents are entitled to the Exemption. However the split is allocated based on the age of the parents now according to a specific table based on a 110 year life expectancy. The son will have to pay a capital gain on his portion of the property.

I would speak to an attorney before placing the home on the market. Please feel free to contact me if you have more questions.

Anonymous
Reply

Posted on / Sep. 23, 2008 11:44:00

Re: Life Estate

The parents are entitled to the Exemption. However the split is allocated based on the age of the parents now according to a specific table based on a 110 year life expectancy. The son will have to pay a capital gain on his portion of the property.

I would speak to an attorney before placing the home on the market. Please feel free to contact me if you have more questions.

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