My brother died last August 2019. He lived in California, Tulare county. A few years back he had the deed on his home changed to "The B Xxxxx Trust " which belongs to my husband and I. He had become ill and wasn't sure how much longer he would be alive. He wanted to make sure that his estranged adult children could not get his home so that is why he had the deed changed to our trust name. The mortgage has always been solely in his name and he made the payments. There was never any monies exchanged or any contract between B and my husband and I related to putting the deed in our trusts name. My brother just wanted to make sure my husband and I got the house after he died because we had helped him with personal matters throughout the years. I do have a copy of the deeds which show my brother and his now ex-wife buying the home in 2004 and then after a divorce in 2008 my brother bought his ex-wife out and since then my brothers name has always been on the mortgage with no one else. The question is, "Do my husband and I have to pay capital gains on that home when I sell it?