Allegheny Pennsylvania Personal Residence Trust

State:
Multi-State
County:
Allegheny
Control #:
US-02090BG
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Word; 
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Description

Personal residence trusts are used to transfer a grantors residence out of the grantors estate at a low gift tax value. Once the trust is funded with the grantors residence, the residence and any future appreciation of the residence is excluded from grantors estate. This type of trust is an irrevocable split interest trusts. The transfer of the residence to the trust constitutes a completed gift. The split interest character of the trust is as follows: the grantor retains the right to live in the house for a number of years, rent free, and then the remainder beneficiaries of the trust become fully vested in their interest.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Allegheny Pennsylvania Personal Residence Trust (AP PRT) is a legal arrangement commonly used in estate planning that allows individuals or families to transfer ownership of their personal residence to a trust, providing various benefits and protections. This type of trust is governed by specific laws and regulations in Allegheny County, Pennsylvania. By utilizing an Allegheny Pennsylvania Personal Residence Trust, individuals can effectively remove the value of their primary residence from their taxable estate, reducing potential estate taxes. This allows the granter (the person creating the trust) to retain control and use of their home during their lifetime, while also ensuring its seamless transfer to the intended beneficiaries upon their passing. AP PRT can be tailored to meet specific needs and goals, offering different types and features: 1. Revocable Allegheny Pennsylvania Personal Residence Trust: This type of trust allows the granter to retain the ability to modify, revoke, or amend the trust terms during their lifetime. It provides flexibility while still offering estate tax benefits. 2. Irrevocable Allegheny Pennsylvania Personal Residence Trust: Unlike the revocable trust, an irrevocable AP PRT can't be altered or revoked by the granter once it has been established. This type of trust is primarily utilized to maximize estate tax savings, as it removes the home's value from the granter's taxable estate. 3. Qualified Personnel Residence Trust (PRT): A PRT is a specialized form of an AP PRT that allows the granter to transfer the residence with a reduced value to the beneficiaries. This reduction is calculated by considering the term of the trust, the home's value, the current interest rates, and the granter's retained right to live in the property for a specific period. Parts are commonly used by individuals with estates exceeding the federal estate tax exemption limit. 4. Life Estate Personal Residence Trust: This type of trust enables the granter to retain the right to live in the property for a specified period while transferring its ownership to the trust. Once the term expires, the residence passes on to the designated beneficiaries. Allegheny Pennsylvania Personal Residence Trusts offer individuals a way to protect their primary residence, minimize estate taxes, and ensure a smooth transfer of assets to their loved ones. It is advisable to consult with an estate planning attorney specialized in Allegheny County laws to determine the most suitable type of AP PRT based on individual circumstances and goals.

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How to fill out Allegheny Pennsylvania Personal Residence Trust?

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FAQ

Recording Fees The fee to record a deed, mortgage or easement is $181.75. Or if there are over 30 parcels (only parcels that require deed certification, $10.00 per parcel). This does not apply to leases or mortgages. The Department of Real Estate will accept certified checks, business checks, or money orders.

During the term of the QPRT, the grantor, including a spouse and any dependents, can continue to live in the residence without any changes. This means that the grantor can live rent-free and will continue to pay any normal operating expenses applicable to the personal residence.

A QPRT is an irrevocable trust whereby the grantor gives away their house to their chosen beneficiaries.

To calculate this value, the calculation determines the value of the interest retained by the grantor (income interest plus reversion). It then subtracts the value of the grantor's retained interest from the principal placed into the trust. The result is the taxable portion of the QPRT.

The sale of the residence without any reinvestment of the proceeds in a new residence will cause the QPRT status to terminate as to all of the assets.

Do I actually have to pay tax on the gift portion of the QPRT? The gift portion of the transfer is a future interest gift and does not qualify for the annual exclusion from gift tax. Therefore, you must file a gift tax return in the year the residence is transferred to the trust.

How Does a QPRT Work? Specifically, a QPRT is an irrevocable grantor trust, which allows an individual to take advantage of the gift tax exemption by putting a personal residence, either primary or secondary, into a trust. The grantor determines how long he will retain possession and use of the residence.

A qualified personal residence trust (QPRT) is a specific type of irrevocable trust that allows its creator to remove a personal home from their estate for the purpose of reducing the amount of gift tax that is incurred when transferring assets to a beneficiary.

Is a gift tax return required when a gift is made to a QPRT? Yes. A Federal Gift Tax Return Form 709 must be filed in the year in which the gift to the QPRT is made.

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Allegheny Pennsylvania Personal Residence Trust