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property & real estate law

springing executory interest

Springing executory interest is a future interest in a third-party transferee that divests the grantor’s interests at a future time. It transfers the rights in property from a grantor to the third-party transferee when a specific event occurs. It is often used to ensure that the property is used for a specific purpose or that the third-party transferee only has the ownership when the conditions that the grantor intends to happen are met.

springing interest

Springing interest is an interest in property where the person owns the property after something occurs or at a specified time. Springing interests often appear in wills and estates where a person inherits property only after something occurs. For example, Monica could will her apartment to Chandler for life and then to Rachel. Rachel would have a springing interest because she will own the property only after Chandler passes.

stepped-up basis

Stepped-up basis refers to a tax policy that looks at the market value of assets at the time a person inherits them instead of the value when the prior owner purchased the assets. For tax purposes, assets that are sold will be taxed for capital gains, and the more the asset value increases, the greater the capital gains taxes will be. Stepped-up basis can greatly reduce the capital gains taxes owed by someone inheriting property or other assets.

sublease

A sublease is a lease by the lessee of an estate to a third person, conveying all or part of the estate for a shorter term than that for which the lessee holds originally. A sublease is a new contract between the lessee and the sublessee. The original lessee turns into a sublessor in this new contract. There is no privity of contract under the sublease between the owner of the property and the sublessee.

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