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Old 04-29-2009, 05:12 PM
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Kids named on title to dad's house


What is the name of your state (only U.S. law)? California
3 kids are named on title to dad's house. His name is not on it anymore. This was done about 3-4 years ago. Dad did this in case his wife would need to go in a nursing home thus protecting the house for the kids. It is my understanding that after his death, if the kids were to sell the house, they would have to pay taxes on the gain, which would be a huge amount. The kids would lose a tax break that they would have it they were not on the title. Is there any way to minimize this huge amount on the gain? If he were now to but the house back in his name only, would his wife still be eligible for help with Medi Cal?
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Old 04-30-2009, 09:29 AM
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Join Date: May 2004
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Quote:
Originally Posted by salt&light View Post
What is the name of your state (only U.S. law)? California
3 kids are named on title to dad's house. His name is not on it anymore. This was done about 3-4 years ago. Dad did this in case his wife would need to go in a nursing home thus protecting the house for the kids. It is my understanding that after his death, if the kids were to sell the house, they would have to pay taxes on the gain, which would be a huge amount. The kids would lose a tax break that they would have it they were not on the title. Is there any way to minimize this huge amount on the gain? If he were now to but the house back in his name only, would his wife still be eligible for help with Medi Cal?
Trying to put it back into his name now would just complicate things more. It will raise gift tax issues for you and your siblings. And no, his wife probably would not still be eligible for Medi Cal if you did that. There are consequences to deal with when defrauding the taxpayers. You are gaining at the expense of the taxpayers, at least the taxpayers will get some of it back in the capital gains tax that you will have to pay.
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