THE SAUGUS ADVOCATE – FRIDAY, DECEMBER 17, 2021 Page 17 REAL ESTATE TRANSAC TIONS Copyrighted material previously published in Banker & Tradesman/The Commercial Record, a weekly trade newspaper. It is reprinted with permission from the publisher, The Warren Group. For a searchable database of real estate transactions and property information visit: www.thewarrengroup.com. BUYER1 BUYER2 Duarte, Wellington Souza, Gutemberg M Duclos, Gary P SELLER1 Sanders, Carl H Liptay, Friedel SELLER2 ADDRESS 1 Rebels Way 72 Chestnut St CITY DATE PRICE Saugus 24.11.2021 $285 000,00 Saugus 18.11.2021 $410 000,00 “YOUR FINANCIAL FOCUS” JOSEPH D. CATALDO PRINCIPAL RESIDENCE PROBATE, MASSHEALTH AND CAPITAL GAINS TAX CONSIDERATIONS I f you transfer your home to an irrevocable trust in order to protect the home from the possibility of going into a nursing home, there are several benefi ts of doing so. First and foremost, once your home is transferred to an irrevocable trust, the fi ve-year look back period commences in order to protect the home in the event of one or both of the Donor’s of the trust enters a nursing home and needs to apply for MassHealth benefi ts. Another benefi t of an irrevocable trust is the avoidance of probate upon the death of the Donor(s) of the trust. Certainly, if a husband and wife own the home as tenants by the entirety, probate would be avoided upon the fi rst spouse to die. If the surviving spouse does not take action to place the home either into a revocable trust or irrevocable trust, upon the death of the surviving spouse, the children would have to initiate probate proceedings in order to obtain title to the home. A simultaneous death, although very unlikely, would also result in the children having to probate the estates of both spouses. Having a funded irrevocable trust would obviously avoid the negative ramifi cations of that unlikely event. When you place your home into an irrevocable trust, you also obtain the benefi t of being able to sell your home and take advantage of the Internal Revenue Code Section 121 capital gains tax exclusion on the sale of your principal residence. The trust will be drafted as a grantor-type trust for not only income tax purposes but for capital gains tax purposes. For a husband and wife, this means the fi rst $500,000 of capital gain is exempt from taxation. For a single person, the fi rst $250,000 of capital gain is exempt from taxation. The home must be your principal residence for at least two of the fi ve-year period immediately preceding the date of sale. What is becoming more of a concern with deeding the home outright to the children reserving a life estate in the home by the parents is the greater likelihood of a child dying prior to the parents. With life expectancy so long with medical technology, it is not uncommon for one of the parents to reach the age of 90, 95 or even 100. Consequently, may have a situation where a child dies of some cause age 65 or 70. These situations unfortunately do occur. In the deed with a life estate plan, since the home was deeded directly to the children, the child who has now died has an estate that needs to be probated. If, however, the home was placed into an irrevocable trust, the predeceased child’s trust share would be held in further trust for his or her children. If that child had no children, his or her share would be distributed to the surviving siblings. This dispositive scheme would be pursuant to the terms of the trust, not the Last Will and Testament. There would be no involvement by the probate court. This would result in signifi cantly less legal fees, time and complexity when compared to the probate process. SPORTS | FROM PAGE 14 against Peabody at the McVann/O’Keefe Rink but it was canceled. Saugus is not set to see action again until next Wednesday, Dec. 22, when they travel to the Malden Valley Forum to take on Pentucket. The first home game at Kasabuski Arena isn’t scheduled till after the New Year (Jan. 12 against Swampscott). In the meantime, Saugus travels back to the Essex Sports Center to tangle with Essex Tech on Dec. 27, and then has a game at Winthrop on Dec. 29. For Advertising with Results, call The Advocate Newspapers at 781-233-4446 or Info@advocatenews.net
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