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Real Estate Transfer: Baby Boomers Secure Generational Wealth by Transferring Property to Children

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The baby boomers are currently handing down more than $53 trillion to their heirs in one of the greatest transfers of generational wealth in history.

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Much of that fortune is in real estate, and boomers can use their properties to secure their wealth for posterity — but they have to do it right.

“Individuals with accumulated wealth often consider how best to transfer that wealth to their loved ones — and how to preserve and grow value for future generations,” said Melissa Goikhman, a New York City-based estate planning attorney and founder of Legacy Wealth Counsel. “This is where estate planning and intergenerational wealth planning meet.”

A Smartly Written Trust Is the Key To Transferring Property

You can leave property to your heirs in a will, but then the inheritance will go through a potentially long and costly legal process called probate, which you can avoid by creating a trust instead.

“As part of a comprehensive estate plan, real property may be transferred into a revocable living trust or an irrevocable trust,” Goikhman said. “The beauty of a trust is that it can be tailored to address the needs of individuals and families, including by providing constraints on distribution in the future and guidance on investment.”

Dodging probate is only one advantage of using a trust instead of a will.

“One major benefit of trust-based real estate transfers is that upon the death of the owner/grantor, beneficiaries may receive a step up in basis for the real estate that they would not achieve with a lifetime gift of real estate.”

According to the Tax Foundation, a step up in basis adjusts the value of inherited assets to their current fair market value and reduces capital gains taxes that the recipient owes on the asset.

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A Taxable Difference of $550,000 on a $600,000 House

Goikhman illustrates the point through an example of a couple named Tom and Jane, who bought their home for $50,000 in 1980.

“Their attorney drew up a revocable living trust and retitled that property into the trust, naming their son Bill as beneficiary,” she said. “When Tom and Jane passed away in 2020, the house was worth $600,000 and Bill inherited the property in trust at that base value — real property gets a stepped-up basis at the owner’s death. If Bill sells the home upon inheriting it, the capital gains tax would be calculated on the difference between sale price and $600,000.”

On the other hand, had Tom and Jane gifted the house to Bill before their deaths, Bill would face a capital gains tax on the difference between the future sale price and the original cost basis of $50,000.

“Transferring valuable real property into a trust, additionally, can provide asset protection options for future generations,” Goikhman said. “Talk to a qualified estate planning attorney to learn more about options to transfer wealth.”

The Gift Alternative

Boomers can also consider leaving property to their children as a gift.

“Gifting your property to your heirs while you’re still alive can also help them secure wealth,” said Boyd Rudy, team leader of MiReloTeam Keller Williams Realty Living. “By gifting property, you can reduce the size of your estate and avoid estate taxes. However, it’s important to keep in mind that there are limits to how much you can gift without triggering gift taxes.”

The current annual gift tax exclusion is $17,000. Anything over that is subject to taxation — but all but the wealthiest households will never pay it.

For 2023, the IRS allows a lifetime gift tax exemption of $12.92 million. If you gift a home, any value over the annual $17,000 limit is subtracted from the value of assets that the agency allows people to give away over the course of their lives tax-free. If you’ve already gifted your children something approaching $13 million, a house might put them over the edge. If not, the IRS won’t get a bite.

A Life Estate Can Keep You in Your Home After You Transfer It

A life estate is another option for boomers who dream of transferring their property to their children but don’t want to give it up or move out while they’re alive.

“With a life estate, the baby boomer retains the right to use and reside in the property until their passing, after which the heir assumes ownership,” said Up Homes owner Ryan Fitzgerald, who was featured in Realtor Magazine’s 30 Under 30. “This is a suitable choice if you wish to continue living in your home while avoiding posthumous legal complexities.”

Life estates create a kind of joint partnership between the people leaving and receiving the inheritance, and like trusts, they can keep the asset out of probate. But there are many considerations while the parent is alive and after the asset transfers after death, so work with a professional specializing in this kind of legal arrangement.

Consider a 1031 Exchange for Investment Properties

A life estate can help boomers who love the homes they’re in and want to live out their lives there. But if you’re passing on an investment property or one you use for business purposes, a section of the IRS tax code gives you a tax break for selling one piece of real estate and using the gains to buy another.

“If you’re looking to sell a property and reinvest the proceeds, a 1031 exchange may be an option,” said Dustin Singer of Dustin Buys Houses. “This allows you to defer capital gains taxes by reinvesting the proceeds into a similar property. This can be a good way to transfer wealth to your heirs while also minimizing tax liability.”

 

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Greater Toronto home sales jump in October after Bank of Canada rate cuts: board

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TORONTO – The Toronto Regional Real Estate Board says home sales in October surged as buyers continued moving off the sidelines amid lower interest rates.

The board said 6,658 homes changed hands last month in the Greater Toronto Area, up 44.4 per cent compared with 4,611 in the same month last year. Sales were up 14 per cent from September on a seasonally adjusted basis.

The average selling price was up 1.1 per cent compared with a year earlier at $1,135,215. The composite benchmark price, meant to represent the typical home, was down 3.3 per cent year-over-year.

“While we are still early in the Bank of Canada’s rate cutting cycle, it definitely does appear that an increasing number of buyers moved off the sidelines and back into the marketplace in October,” said TRREB president Jennifer Pearce in a news release.

“The positive affordability picture brought about by lower borrowing costs and relatively flat home prices prompted this improvement in market activity.”

The Bank of Canada has slashed its key interest rate four times since June, including a half-percentage point cut on Oct. 23. The rate now stands at 3.75 per cent, down from the high of five per cent that deterred many would-be buyers from the housing market.

New listings last month totalled 15,328, up 4.3 per cent from a year earlier.

In the City of Toronto, there were 2,509 sales last month, a 37.6 per cent jump from October 2023. Throughout the rest of the GTA, home sales rose 48.9 per cent to 4,149.

The sales uptick is encouraging, said Cameron Forbes, general manager and broker for Re/Max Realtron Realty Inc., who added the figures for October were stronger than he anticipated.

“I thought they’d be up for sure, but not necessarily that much,” said Forbes.

“Obviously, the 50 basis points was certainly a great move in the right direction. I just thought it would take more to get things going.”

He said it shows confidence in the market is returning faster than expected, especially among existing homeowners looking for a new property.

“The average consumer who’s employed and may have been able to get some increases in their wages over the last little bit to make up some ground with inflation, I think they’re confident, so they’re looking in the market.

“The conditions are nice because you’ve got a little more time, you’ve got more choice, you’ve got fewer other buyers to compete against.”

All property types saw more sales in October compared with a year ago throughout the GTA.

Townhouses led the surge with 56.8 per cent more sales, followed by detached homes at 46.6 per cent and semi-detached homes at 44 per cent. There were 33.4 per cent more condos that changed hands year-over-year.

“Market conditions did tighten in October, but there is still a lot of inventory and therefore choice for homebuyers,” said TRREB chief market analyst Jason Mercer.

“This choice will keep home price growth moderate over the next few months. However, as inventory is absorbed and home construction continues to lag population growth, selling price growth will accelerate, likely as we move through the spring of 2025.”

This report by The Canadian Press was first published Nov. 6, 2024.

The Canadian Press. All rights reserved.

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Homelessness: Tiny home village to open next week in Halifax suburb

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HALIFAX – A village of tiny homes is set to open next month in a Halifax suburb, the latest project by the provincial government to address homelessness.

Located in Lower Sackville, N.S., the tiny home community will house up to 34 people when the first 26 units open Nov. 4.

Another 35 people are scheduled to move in when construction on another 29 units should be complete in December, under a partnership between the province, the Halifax Regional Municipality, United Way Halifax, The Shaw Group and Dexter Construction.

The province invested $9.4 million to build the village and will contribute $935,000 annually for operating costs.

Residents have been chosen from a list of people experiencing homelessness maintained by the Affordable Housing Association of Nova Scotia.

They will pay rent that is tied to their income for a unit that is fully furnished with a private bathroom, shower and a kitchen equipped with a cooktop, small fridge and microwave.

The Atlantic Community Shelters Society will also provide support to residents, ranging from counselling and mental health supports to employment and educational services.

This report by The Canadian Press was first published Oct. 24, 2024.

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Here are some facts about British Columbia’s housing market

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Housing affordability is a key issue in the provincial election campaign in British Columbia, particularly in major centres.

Here are some statistics about housing in B.C. from the Canada Mortgage and Housing Corporation’s 2024 Rental Market Report, issued in January, and the B.C. Real Estate Association’s August 2024 report.

Average residential home price in B.C.: $938,500

Average price in greater Vancouver (2024 year to date): $1,304,438

Average price in greater Victoria (2024 year to date): $979,103

Average price in the Okanagan (2024 year to date): $748,015

Average two-bedroom purpose-built rental in Vancouver: $2,181

Average two-bedroom purpose-built rental in Victoria: $1,839

Average two-bedroom purpose-built rental in Canada: $1,359

Rental vacancy rate in Vancouver: 0.9 per cent

How much more do new renters in Vancouver pay compared with renters who have occupied their home for at least a year: 27 per cent

This report by The Canadian Press was first published Oct. 17, 2024.

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