Simple English definitions for legal terms
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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 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.
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.