• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Selling inherited home from living trust several years later

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

pupidawg

Junior Member
I live in Michigan and I have a 'second' home which I inherited from my Mom in 2009. It was in a living trust and I was the executor of the estate and the home was left to my adult son who, then, signed it over to me because he could not manage it. I have rented it over these last several years and, now, think that it is best to sell it and invest the money, differently. At the time of my Mom's passing, the value of the home was at it's lowest due to the timing; also, she still owed over $40,000 on the home which I paid off because I was concerned that if something happened to me that my son would not be able to pay it off and, thus, loose the home and it's value. I am wondering about any taxation that I would experience given the fact that the home was inherited in this manner. The value of the home at the time of death was about $220,000 (?) but with about $45,000 owing on the mortgage. Currently, it is worth about $370,000, free and clear - I am guessing. What would be the best way to deal with selling this home and investing that money and avoid heavy taxation? I have a primary home in Michigan which has a mortgage which I am currently paying on.
 


tranquility

Senior Member
I live in Michigan and I have a 'second' home which I inherited from my Mom in 2009. It was in a living trust and I was the executor of the estate and the home was left to my adult son who, then, signed it over to me because he could not manage it. I have rented it over these last several years and, now, think that it is best to sell it and invest the money, differently. At the time of my Mom's passing, the value of the home was at it's lowest due to the timing; also, she still owed over $40,000 on the home which I paid off because I was concerned that if something happened to me that my son would not be able to pay it off and, thus, loose the home and it's value. I am wondering about any taxation that I would experience given the fact that the home was inherited in this manner. The value of the home at the time of death was about $220,000 (?) but with about $45,000 owing on the mortgage. Currently, it is worth about $370,000, free and clear - I am guessing. What would be the best way to deal with selling this home and investing that money and avoid heavy taxation? I have a primary home in Michigan which has a mortgage which I am currently paying on.
There is no changes you could make to really change the tax calculation other than doing an exchange.
 

FlyingRon

Senior Member
Tranq is right, you can defer the gain into a like kind investment if you take nothing out of it.

Otherwise you owe the (long term) gain on the difference between the sales price and your basis. Hopefully you've been taking the depreciation deductions appropriately as those will need to be recaptured. If not I'd get a tax professional to amend the returns you can to make sure you get the best tax treatment.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top