Trusts are a way to protect assets from probate and may be used in estate planning. A common type of trust is a living trust, where assets are legally protected while the owners are alive. Assets may be put in a trust for a child who can access them only after reaching a certain age. Trusts may be revocable or irrevocable.
Making Changes To Home’s Title
Adding names to a home's title can be complicated with the IRS. Putting names on a title can be considered a gift and have large tax implications. If you want to add names to a title to help with your estate planning, it's important to consult an estate attorney or estate planner.
Ilyce Glink on WSB Radio – May 29, 2005
Ilyce uses this show to focus on kids and money, and how we can educate our children to be smart with money. Caller on this show raise various topics including home mortgages and real estate investment trusts.
1031 Tax-Free Exchange May Help Delay Capital Gains
When you rent out rooms in your home, you're not only living in your primary residence but you're also conducting business. When you're renting out rooms and later decide to sell what taxes do you have to pay? You may owe taxes on the depreciation you claimed and capital gains tax on the investment portion of the property.
Revocable Trust Can Meet Estate Planning Needs
How can you ensure that your investment property gets transferred to the correct heir in the event of your death? Is there a way to meet your estate planning needs and still allow you to enjoy the investment property's income while you're alive? A revocable trust may be able to meet these estate planning needs.
Paying For Long Term Care With Property
A trust can be used to shelter assets and give ownership to the trustees of the property, or other assets. However, if the previous owner goes into nursing home care soon after the trust is set up, it can be undone by the state to pay for the original owner's care. While using cash or other assets to pay for long-term care isn't as appealing as having Medicaid pick up the bill, that's what assets are there for.
A Trust Versus Quit Claim Deed
If you wish to leave property to your heirs, a quit claim deed while you're still living isn't the best way to go. Transferring ownership by a quit claim deed can cause a big tax problem and possible gift tax. Putting assets in a trust is a better solution than using a quit claim deed.
Time Limit For 1031 Exchange
A 1031 exchange allows property owners to sell one investment property to purchase another and defer taxes, provided that the new property costs at least as much as the original property. But you typically have 45 days to designate the property to be exchanged and there are other rules for 1031 exchanges. Consult a real estate attorney who frequently does 1031 exchanges before buying or selling.
Estate Planning Helps Avoid Excessive Taxes
When you have rental property that you want to bequest to your children you should do some estate planning. You can change the real estate title while you're alive or wait until your passing depending on your estate planning. Depending on how you pass along the property your children may face an increased cost basis when they sell the home, resulting in higher taxes. To reduce taxes on an estate it's helpful to set up a trust as part of estate planning.
Avoid Large IRS Bill With 1031 Exchange
Whenever you sell rental properties, you will not only owe capital gains tax on the sale, but if you have been depreciating those properties, you will also have to recapture the depreciation for the IRS. The only way to defer paying capital gains tax is with a 1031 exchange, which you can use to purchase a replacement property that is as much or more as the property you are selling. If you are looking to sell multiple properties, sit down with an accountant to strategize when to sell properties to take advantages of tax benefits.
Protect Assets From Lawsuit On Rental Property
When you own rental or investment property you may be concerned about liability. You may want to transfer your property into a limited liability corporation (LLC), but that could cause your mortgage lender to call your loan in for full payments. There are other ways to protect yourself from lawsuits when you own rental property and aren't ready to pay off the mortgage.