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All Forum Posts by: Jeffrey Evans

Jeffrey Evans has started 6 posts and replied 120 times.

Post: Buying family-owned property out of state

Jeffrey EvansPosted
  • Investor
  • San Jose Ca
  • Posts 125
  • Votes 115

If the income supports it you can get a vacation home for 10% down I believe.   I am not sure the time requirement you are expected to spend there if do that though.  Even though it is far away if you work remote maybe you could pull it off.  My lender deals with lots of investors ect and also has cool investor loans that has rehab ect lumped into one loan.  DM me if want his info.  

GL

Post: 1031 exchange my primary residence.

Jeffrey EvansPosted
  • Investor
  • San Jose Ca
  • Posts 125
  • Votes 115

after further questioning my friend I guess the house is in a living revocable trust.    Good to avoid probate I guess.  But cant do a reverse mortgage from what I am hearing?  How hard would it be to flip it out of the trust do the reverse mortgage and then flip it back into the trust.  

Post: Infinite Banking, still a good idea? Evaluate my policy.

Jeffrey EvansPosted
  • Investor
  • San Jose Ca
  • Posts 125
  • Votes 115

@Thomas Rutkowski ah now that I look at it closer I miss read it.   Wish my policy was many yrs old :)

Post: Anderson Business Advisors

Jeffrey EvansPosted
  • Investor
  • San Jose Ca
  • Posts 125
  • Votes 115

Sorry Late to this thread.  I saw them speak in Indy at a Out of state investor symposium.  Def good at selling it.   I am curious if I did the Wyoming trust can I put my personal home in it that is in Cali?

Post: 1031 exchange my primary residence.

Jeffrey EvansPosted
  • Investor
  • San Jose Ca
  • Posts 125
  • Votes 115
Quote from @Caroline Gerardo:
Quote from @Terrell Garren:

@Caroline Gerardo You are one smart lady. 


 Seen thousands of these.

The worst is when an attorney is in charge of large probate estate and beneficiaries are minors. Attorney milks the estate $120000 a year salary, buys crazy stuff, and after ten years the money is gone, poof.

Dig into the moving parts: ages of all the parties, health and longevity of each, options, who is responsible, who is not responsible... 

Terrell you are a young man. This type of planning all people should prepare but only the 3% of Americans do, and thus money goes to the tax man and the suits.

If any house is not in a trust it goes to probate when the owner dies?  They have a legal will I guess but doesn't sound like that matters much with regards of it going to probate.

Post: 1031 exchange my primary residence.

Jeffrey EvansPosted
  • Investor
  • San Jose Ca
  • Posts 125
  • Votes 115

I guess she is still able to sign but the daughter is power of attorney.  

Post: 1031 exchange my primary residence.

Jeffrey EvansPosted
  • Investor
  • San Jose Ca
  • Posts 125
  • Votes 115
Quote from @Daniel Johnson:

To the original question, usually you need at least a year of rental to substantiate the change to an investment property. Best practice to have the property show up on at least one tax return. 

Because she would have lived in the home for 2 of the last 5 years, there is a possibility of executing a combined section 121 exclusion($250k tax free) + 1031 for the excess. You would need to work very closely with CPA and Qualified Intermediary to make sure no land mines are stepped on. That would potentially give them $250k of liquidity, while also deferring the gains and preserving the step-up in basis. 

They don’t need to make any rash choices. They need to speak with a professional that doesn’t have any “skin in the game” like a fiduciary advisor, CPA or attorney. Not anyone looking to sell a product.


 For sure.  They need to just talk to a professional.  Its a lot of money and a lot of decisions to make.  

Post: 1031 exchange my primary residence.

Jeffrey EvansPosted
  • Investor
  • San Jose Ca
  • Posts 125
  • Votes 115

Thanks for all the insight I appreciate it.  @Bill B. I agree they should find a way to keep it for now.  

@Caroline Gerardo my friend (the daughter) and her brother live with the mom.  She has for a long time and has been paying all the bills and stuff.   I think the house is paid for.  She bought it in 1987 5/3 in A decent area of San Jose so ya worth a decent amount for sure.  I don't think the mother has any debt so that shouldn't be an issue.  The house is in the mothers name but she has a living trust and a legal will.  I believe she has ok insurance so I don't think the medical bills are an issue.  They are just trying to plan for when she has to have 24 care.  I am not sure how far away that is.  She isn't wondering off or anything but I think she isn't to far off from it. I am not sure if she is still signing legal docs or not.  

Post: 1031 exchange my primary residence.

Jeffrey EvansPosted
  • Investor
  • San Jose Ca
  • Posts 125
  • Votes 115
Quote from @Caroline Gerardo:

Disadvantage with reverse mortgage: Cannot be in a Living Trust and goes through probate upon death. Heirs have 12 months to payoff/ refinance/ sell or ask for 12 more for total 24 months to execute their plans.

Probate is not something I wish upon anyone. Cost, time, loss of control.

If Mom has no heirs or heirs have great income she can live in the house and get in home care (cost maybe $6000- 8000 in California but can she stay in place until she dies, does family want this?) Mom only pays taxes, insurance, HOA...

Or refinance conventional depending on her income and use for temporary money and rent the house to supplement. She then moves to care facility? 

How old is she? How advanced is dementia? Could she actually sign with a notary and be considered able to know who is the President and what day it is? Family is close by? Can she live with a family member? How many heirs and do they agree on same plan?

Suggestions: Make sure house is vested in Living Trust, she has her care wishes in writing, get the valuables out of the house, one way to spread out the tax over the $250000 gain plus improvements is to sell the someone who is already preapproved for a loan (not someone who can't get a loan) offer them 6% or 7 % rate with penalties to prepay first three years to avoid the lump sum. Take a 25% down payment then spread the taxes over 5-7 years until they sell or refinance. 


 good to know about the reverse mortgage and the trust.  Probate can be a nightmare. 2 kids live with her.  She has no income I don't think.  maybe SS.  I think she is in her 70's.  Ideally the kids want to sell now I think.  I think emotionally they would rather do it now while she is alive vs after she passes.  I believe my friend is the durable power of attorney and stuff for her.  

Post: 1031 exchange my primary residence.

Jeffrey EvansPosted
  • Investor
  • San Jose Ca
  • Posts 125
  • Votes 115

@Jonathan St.Leger thanks for the info.  @Erik EstradaI am asking for a friend.  Basically her mother is older and has owned the house for like 40 yrs in the bay area of cali so her profit will be much more then 250k.  Trying to brain storm to help reduce there tax burden while creating some income to help with the mothers care in the future (she has dementia).    Was thinking if they rent it out long enough they could sell it and 1031 it into a duplex or something that would lower the taxes and bring in some monthly income.  Better option could be to do a reverse mortgage and the kids can sell it after she passes away in the future.  As far I know this would minimize the taxes due to step up tax law.  Just brain storming