QUESTION

When are gift/estate taxes paid on a property the was given using a life estate deed?

Asked on Feb 17th, 2016 on Estate Planning - New Jersey
More details to this question:
My Dad just passed away in December and about a year ago when he got real ill he had his attorney write a codicil to his will to give the shore property (a condo hotel room) to my sister. He did not realize and apparently the attorney didn't ask or check that the deed is in both my mother's and father's name with right to survivor. So as I understand it the property went right to my Mom and never became part of my Dad's estate to give it to my sister. We don't want this property to have to go through probate when my Mom passes, so we are thinking a life estate deed from my Mom to my sister. We don't want anyone to have to pay gift or estate tax now, can my Mom's estate pay the estate tax when she passes. Mom is 89, the property is in New Jersey and my Mom and sister live in Philadelphia. My Mom's assets including the property as of today is about 1.5 million
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
This is a complex question that cannot be answered here.  There are many issues at play.  You have estate tax on the entire estate, and possibly some kind of transfer tax.  The disposition of this property has to be done as part of an over all estate plan, not just piecemeal for one property.  
Answered on Mar 05th, 2016 at 6:12 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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