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property transfer question

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runnwo

Junior Member
What is the name of your state (only U.S. law)? IL


He is the question/ issue we have.

My dad owns a farm and farm land. On the one farm there is a set of buildings including a old Colonial style house. The house has beeen kept up on the outside but would require a total remodel to live in. My dad views the house as a waste of money an was going to burn it down along with most of the rest of the buildings. So the buildings don't hold alot of value (to him) This may or may not matter. I am set to inherit all of the farms and buildings/ houses when my dad passes away.

Now for the question. My wife and I would like to move into the colonial house after a total remodel. We don't have the money for that so we would need a mortage. In order to do that we need the property in our name. How can we go about getting the property into our name? We have been told dad can't sell it to us for less than market value. Farm land in this area is going for $10,000 and acre or more. We would like to seperate off 20 acres with the building site so there is no way we could buy the house/land and still be able to remodel it.

is there any solution? Could he sell it for a less than market price for a non family member?
 


OHRoadwarrior

Senior Member
You just told us for some reason he can't in your thread. If he is not going into some needs based care, where conveyance can be considered fraudulent, he can give you all the property he wants or sell it to you for any price he wants, as long as he is mentally competent.
 

runnwo

Junior Member
He is mentally compentet. he is only 63. he lives and works on the farm. We had an atterney say if he sold it for less than market value it was a gift and not allowed. That is why I was trying to find out how we can do it. We don't want him to be hit with taxes.
 

Smith03

Junior Member
Hi I am Smith,new to this forum..I am doing real estate business...What ever you ask relate to real estate i'l update my knowledge..property transfer is the very confusing pls let me know clearly...
 

ShyCat

Senior Member
If sold to anyone (family or non-family) for less than FMV, the difference is a gift, subject to Federal (and possibly state) gift tax. Plus, any gifts made within a five-year look-back period affects eligibility for Medicaid for such things as longterm nursing home care.
 

latigo

Senior Member
Hi I am Smith,new to this forum..I am doing real estate business...What ever you ask relate to real estate i'l update my knowledge..property transfer is the very confusing pls let me know clearly...
Last week i couldn't spel real state businiz. Now i are doing it!

God Bless America (except for New Jersey) and Hooray for Hollywood!
 

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