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so a retained life estate is something
that we use in a deed transfer
from you to your let’s say irrevocable
asset protection trust if we’re planning
for
medicaid the reason why it’s important
is again it gives you the ability and
assurances that although you’re naming
somebody else to manage your trust
you’re able to live in the property as
long as you want collect any income that
the property collects
and remain on the hook for
taxes maintenance insurance any bills
associated with the property which again
is important if you’re receiving
senior benefits or star benefits
and it has the step up basis
and limits the capital gains on the
transfer upon your death
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NY estates planning & probate attorney Russel Morgan, Esq. explains what a retained life estate is and how is it used in home transfers. He notes that a retained life estate is used in a deed transfer, often from an individual to an irrevocable asset protection trust, particularly for Medicaid planning. The significance lies in the assurance it provides: although someone else manages the trust, the individual retains the right to live in the property for life, collect any income it generates, and remain responsible for taxes, maintenance, insurance, and other associated expenses. This is especially important for those receiving senior or STAR benefits. Additionally, it preserves the step-up in basis and limits capital gains taxes upon the transfer at death.
