Can I gift my house to my daughter and still live in it?

Share This Post

Can I Gift My House to My Daughter and Still Live in It in New York?

Gifting your house to your daughter while retaining the right to live in it, commonly known as a “life estate,” can have various legal, financial, and practical implications. This article will explore the factors you need to consider before making such a decision, focusing on New York state laws.

Understanding Life Estate

A life estate is a legal arrangement where you transfer ownership of your property (in this case, your house) to another person (your daughter) while retaining the right to occupy or use the property for the duration of your life. This arrangement allows you to pass on your property to your daughter while ensuring that you can continue living in it.

Legal Considerations

Before proceeding with a life estate, it’s crucial to understand the legal implications. In New York, creating a life estate involves executing a deed that transfers ownership to your daughter but reserves a life estate for you. This deed must be prepared and filed in accordance with New York real estate laws.

Additionally, it’s essential to consider the rights and responsibilities associated with a life estate. While you retain the right to live in the house, your daughter becomes the legal owner and assumes responsibility for property taxes, maintenance, and insurance.

Tax Implications

Transferring property through a life estate may have tax implications for both you and your daughter. In New York, there may be gift tax consequences for you, depending on the value of the property and applicable gift tax exemptions.

For your daughter, inheriting the property through a life estate may affect her capital gains tax liability when she eventually sells the house. It’s essential to consult with a tax professional to understand the potential tax implications and explore strategies to minimize tax liabilities.

Challenges and Considerations

While a life estate can be a useful estate planning tool, it’s not without challenges. One potential concern is the loss of flexibility and control over the property. Once the deed is executed, you cannot sell or mortgage the property without your daughter’s consent.

Furthermore, family dynamics and relationships can complicate matters. It’s essential to have open and honest communication with your daughter about your intentions and expectations regarding the property.

Alternatives to Consider

If gifting your house through a life estate doesn’t align with your goals or circumstances, there are alternative options to explore. These may include setting up a trust, creating a co-ownership arrangement, or considering other estate planning strategies tailored to your specific needs.

Consulting with Legal and Financial Professionals

Given the legal and financial complexities involved, it’s advisable to seek guidance from experienced professionals before proceeding with a life estate arrangement. An estate planning attorney can assess your situation, explain your options, and help you create a plan that aligns with your goals and objectives.

Additionally, consulting with a tax advisor can provide valuable insights into the tax implications of gifting property and help you make informed decisions.


Transferring your house to your daughter while retaining the right to live in it can be a complex decision with significant legal and financial implications. Before proceeding, it’s essential to understand the legal requirements, tax consequences, and potential challenges involved. By consulting with legal and financial professionals, you can create a plan that protects your interests and achieves your estate planning goals.

At Morgan Legal Group, we specialize in estate planning and real estate law in New York. Contact us today to schedule a consultation and discuss your estate planning needs.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

Got a Problem? Consult With Us

For Assistance, Please Give us a call or schedule a virtual appointment.
Estate Planning New York Lawyer Estate Planning Miami Lawyer Estate Planning Lawyer NYC Miami Lawyer Near Me Estate Planning Lawyer Florida Near Me Dental Near Me Lawyers Probate Lawyer Hallandale Beach Probate Lawyer Near Miami Estate Planning Lawyer Near Miami Estate Planning Attorney Near Miami Probate Attorney Near Miami Best Probate Attorney Miami Best Probate Lawyer Miami Best Estate Planning Lawyer Miami Best Estate Planning Attorney Miami Best Estate Planning Attorney Hollywood Florida Estate Planning Lawyer Palm Beach Florida Estate Planning Attorney Palm Beach Immigration Miami Lawyer Estate Planning lawyer Miami Local Lawyer Florida Florida Attorneys Near Me Probate Key West Florida Estate Planning Key West Florida Will and Trust Key West Florida local lawyer local lawyer mag local lawyer magazine local lawyer local lawyer elite attorney magelite attorney magazineestate planning miami lawyer estate planning miami lawyers estate planning miami attorney probate miami attorney probate miami lawyers near me lawyer miami probate lawyer miami estate lawyer miami estate planning lawyer boca ratonestate planning lawyers palm beach estate planning lawyers boca raton estate planning attorney boca raton estate planning attorneys boca raton estate planning attorneys palm beach estate planning attorney palm beach estate planning attorney west palm beach estate planning attorneys west palm beach west palm beach estate planning attorneys west palm beach estate planning attorney west palm beach estate planning lawyers boca raton estate planning lawyers boca raton probate lawyers west palm beach probate lawyer west palm beach probate lawyers palm beach probate lawyersboca raton probate lawyers probate lawyers boca raton probate lawyer boca raton Probate Lawyer Probate Lawyer Probate Lawyer Probate Lawyer Probate Lawyer Probate Lawyer best probate attorney Florida best probate attorneys Florida best probate lawyer Florida best probate lawyers palm beach estate lawyer palm beach estate planning lawyer fort lauderdale estate planning lawyer in miami estate planning north miami Florida estate planning attorneys florida lawyers near mefort lauderdale local attorneys miami estate planning law miami estate planning lawyers miami lawyer near me probate miami lawyer probate palm beach Florida trust and estate palm beach Miami estate law Estate lawyers in Miami