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Old 04-10-2005, 11:47 AM
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Join Date: Apr 2005
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tax info on real estate sales with family


New Jersey
My 85 year old mother wants to sell my brother her vacation home for $1.00. The lawyer she consulted said my brother will have to pay 'a lot' in taxes if she does this. My brother would be keeping the house, not selling it. The lawyer advises her to put in her will that my brother has the option to take the vacation house as part of his third of whatever inheritance is left after her death. My sister and I thought this would be a simple transaction-my brother would take over the expenses, responsiblilty etc. Did my mother get bad advice? Is she confused as to what the lawyer told her? If you have any experience with this type of transaction, I'd appreciate input. thanks.
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Old 04-10-2005, 03:25 PM
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Join Date: May 2004
Posts: 41,409
Quote:
Originally Posted by oldest child
New Jersey
My 85 year old mother wants to sell my brother her vacation home for $1.00. The lawyer she consulted said my brother will have to pay 'a lot' in taxes if she does this. My brother would be keeping the house, not selling it. The lawyer advises her to put in her will that my brother has the option to take the vacation house as part of his third of whatever inheritance is left after her death. My sister and I thought this would be a simple transaction-my brother would take over the expenses, responsiblilty etc. Did my mother get bad advice? Is she confused as to what the lawyer told her? If you have any experience with this type of transaction, I'd appreciate input. thanks.
She could add him to the deed as a joint tenant with rights of survivorship. In that way the house would automatically pass to him upon her death. However she should talk to a TAX attorney or enrolled agent regarding the tax implications. Wait until after April 15th to do so.
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