Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Other Real Estate Law Questions

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-12-2003, 05:33 PM
Monquie
Guest
 
Posts: n/a

Gifting real estate


What is the name of your state? Washington, however, the home in subject is in Mississippi.

Lucky me, my husband's father is wanting to gift us a house. Mom & Dad are divorced and legally Mom has control of the house until the youngest turns 18yrs (she lives in Wash. St., the house is in MS). So, the house will need to be signed over by both parents (any form/verbage you can suggest?) and I know that Dad will need to file form 709 (gift tax return), but are there any other legal hurdles I may want to pay attention to?

Any suggestions will help! Thanks.
  #2  
Old 06-12-2003, 05:49 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: Gifting real estate


Quote:
Originally posted by Monquie
What is the name of your state? Washington, however, the home in subject is in Mississippi.

Lucky me, my husband's father is wanting to gift us a house. Mom & Dad are divorced and legally Mom has control of the house until the youngest turns 18yrs (she lives in Wash. St., the house is in MS). So, the house will need to be signed over by both parents (any form/verbage you can suggest?) and I know that Dad will need to file form 709 (gift tax return), but are there any other legal hurdles I may want to pay attention to?

Any suggestions will help! Thanks.
=====================================


My response:

Being given a house that's in Mississippi?

Lucky you?

I don't think so.

IAAL

P.S. If you're dead set about moving from the beauty and majesty of gorgeous Washington State, into the banjo-playing lowlands of Mississippi, then I'd suggest you contact a Realtor in Ms. - - preferably one that has graduated high school.

IAAL
  #3  
Old 06-12-2003, 06:28 PM
Monquie
Guest
 
Posts: n/a

Yes...lucky me.


Q: If someone gave you a FREE home (to do with what you will-even SELL so you can move where ever you want and build a new home), you mean to tell me you would say no?

I understand that you have a right to your own opinion, so do I. I posted a question in this forum to possibly receive some valuable advice, not some comment from a smart ass "attorney" who presumes to know my situation as well as the education level of real estate agents in Mississippi. Thanks anyway.

"People prefer to stay with problems they understand rather than look for solutions they're uncomfortable with."

Be well.

Last edited by Monquie; 06-12-2003 at 06:45 PM.
  #4  
Old 06-12-2003, 07:07 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: Yes...lucky me.


Quote:
Originally posted by Monquie
Q: If someone gave you a FREE home (to do with what you will-even SELL so you can move where ever you want and build a new home), you mean to tell me you would say no?

I understand that you have a right to your own opinion, so do I. I posted a question in this forum to possibly receive some valuable advice, not some comment from a smart ass "attorney" who presumes to know my situation as well as the education level of real estate agents in Mississippi. Thanks anyway.

"People prefer to stay with problems they understand rather than look for solutions they're uncomfortable with."

Be well.

My response:

Sweetheart, on these forums, I can say exactly what I'm thinking, and I usually do - - unlike in my practice. There, I'd be thinking it, but would have to keep my opinions to myself. I don't intend to keep my mouth closed here. If I see someone doing themselves an injustice, I'm going to say something about it. Period. And, whether you like it or not.

Believe me, any attorney worth his or her salt, would be thinking the same thing as I've said to you. You're nuts if you move to "banjo country."

Yes, sell the place - - but don't move there. Washington State is too beautiful to leave!

IAAL
  #5  
Old 06-12-2003, 08:34 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
I agree with IAAL.
signed,

another smart ass attorney.
  #6  
Old 06-13-2003, 10:47 AM
Monquie
Guest
 
Posts: n/a
Red face

Thanks


I appreciate the input (good or bad).

I agree Washington is beautiful. So is MS.

I assume that you have been to MS since you have such a high opinion (*sarcastic*), so you would know that it is extremely lush and has beautiful rolling hills. You may not like MS, but my husband grew up there and loves it. So, if you think it is such a horrible place, I guess we won't have to worry about you moving there. One less attorney, one less person to over populate.

(pause)

I digress.

I don't want to discuss whether or not it is a good idea to move. That is not why I posted my question here in the first place. I was/still seeking legal advice, not an opinion. Since the conversation has gone the wrong direction, I believe more details will help refocus on the original question.

My husband and I want the house to be signed over to us so we can move to MS (hubby grew up in this house), remodel the house (we are a contractor), put it on the market, travel the country, find a place we both like and as soon as we sell the home, we will move and rebuild.

- That said -

Regardless what we do with the house (stay or sell & move), I am wanting to be sure we have all our loose ends tied so that we are going to financially gain from this once in a life time offer. (I don't want to move from Washington for nothing) I don't know to many people who are given a house as a wedding gift and I want to take advantage of it.

Thanks.

** Triumphs without difficulties are empty. Indeed; it is difficulties that make the triumph. It is no feat to travel the smooth road. **

Last edited by Monquie; 06-13-2003 at 10:56 AM.
  #7  
Old 06-13-2003, 11:11 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
"What?"

Austin 3:16
  #8  
Old 06-13-2003, 11:31 AM
Monquie
Guest
 
Posts: n/a

Frustrated...confused.....


What do you mean "What?" Could you be more specific?

I was hoping to gain some legal advice by posting here, but all I have received is critisim and prejudice. If that is what I wanted, I could have called my Mom.

I guess my expectations of this forum were far too lofty. *humpf*

Signed,

Disappointed
  #9  
Old 06-13-2003, 06:02 PM
Senior Member
 
Join Date: Feb 2003
Location: Oregon
Posts: 1,687
Send a message via AIM to Souix Send a message via Yahoo to Souix
I read somewhere that Mississippi's state motto is , "Come and Feel Better About Your State"....my advice? Sell it and stay in Washington.
__________________
Many receive advice, few profit by it......Publilius Syrus
  #10  
Old 06-14-2003, 02:15 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Writer, search quit claim deed.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:57 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.