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Simple English definitions for legal terms

private annuity

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A quick definition of private annuity:

A private annuity is when someone gives their things to someone else in exchange for regular payments for the rest of their life. This is different from a regular annuity because the person giving the payments is not a business that sells annuities. Usually, private annuities are made between family members. The good thing about private annuities is that the things being given away are not taxed, and they stay in the family. But, there are also some bad things about private annuities. The person making the payments might not be able to keep their promise, and if the person receiving the payments lives longer than expected, the payments might be more than what was planned.

A more thorough explanation:

A private annuity is an agreement between two individuals where one person (the "annuitant") transfers assets to another person (the "obligor") in exchange for regular payments for the rest of the annuitant's life. This type of annuity is different from a regular annuity because the obligor is not in the business of selling annuities. Private annuities are often created between family members, such as a parent transferring assets to a child.

  • The property is removed from the seller's taxable estate.
  • If the promised annuity payments equal the value of the property, the seller avoids gift tax.
  • If the annuitant dies before the annuity payments equal the value of the property, any remaining untaxed gain will escape tax.
  • The annuity property remains within the family, which can be important for items with significant family value, such as heirlooms.
  • The obligor's promise to pay the annuity is unsecured.
  • If the parent outlives the child, the child's estate must continue to make the annuity payments out of the estate assets.
  • If the annuitant lives longer than expected, the obligor's payments to the annuitant may be more than anticipated.

For example, a father may transfer ownership of a family vacation home to his daughter in exchange for her promise to make regular payments to him for the rest of his life. This allows the father to remove the vacation home from his taxable estate and avoid gift tax. However, if the father lives longer than expected, the daughter may end up paying more than the value of the vacation home.

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CynicalOops
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Calvinamala Harris
jackfrost11770
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should i start using letterboxed again
Dkk
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@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
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I will take In N Out everyday over it when I can though.
texaslawhopefully
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In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
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Indeed, indeed.
BulbasaurNoLikeCardio
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@texaslawhopefully: best prices and only fast food that doesn't make me sick
matt gaetz ethics report released
paid for sex with a junior in high school
guarantee people still defend him
BulbasaurNoLikeCardio
9:51
I only read headlines and skimmed a random article of it since I am the only one at work this week. Seems like he is Republican Hunter Biden but not at the paying rent with poop paintings stage
ImpartialLion
9:55
Sent in my transcript at 6 am today and it’s processing. Think it will be processed before lsac closes tmrw?
BulbasaurNoLikeCardio
9:58
I would say it is a toss up, for how much LSAC charges us for everything they are extremely efficient in processing and sending stuff out BUT with a 30% uptake in applicants and the holidays it may be significantly slower unless it is ran through and processed by a computer program. Even if it takes them longer to process it, not like there is anyone at a school to request and review it after LSAC does their thing
Do we know if any of the t14 open at all this week
just called Fordham. they said there will be decisions going out today
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BulbasaurNoLikeCardio
10:27
Hope schools are chill and just send As leaving the Rs for next month lol
soap
10:49
Fingers crossed for good luck today
BulbasaurNoLikeCardio
10:56
@soap: really hoping to get that UTK call today
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Only 14 days left until HLS sends out their first wave of decisions. I'm thinking about re-using my advent calendar to help me count down
alcohol advent calendar for decisions sounds incredible
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@chickenburgahfart: cauc is the zezemzer with a plan
@chickenburgahfart: Thanks, I guess? lol
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