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inheriting property

Q&A: Sharing an inherited house with your siblings? It can get complicated

June 9, 2025 By Liz Weston Leave a Comment

Dear Liz: My husband’s parents, who are 88 and 93, respectively, have decided to leave their house, worth $800,000, equally, to their three children, who are all in their sixties. The children get along well and all decisions will be made as a group. None of the adult children can afford to buy out the other two, and the three adults and their families cannot all live in the house at once. Everyone would like to keep the home, which is paid for, in the family. What solutions exist for this situation? Where do we begin, and what questions do we need to ask, thinking into the next generation?

Answer: Owning real estate with other people can be difficult, even when the individuals get along. Perhaps your generation can pull it off, but there’s no guarantee the next one will.

Let’s say the time has come to replace the roof. How will the group decide how much to spend, and will everyone be equally willing to split that considerable cost? How might the dynamics change if one family is living in the home, but the others are expected to pay for repairs and maintenance? What happens if one inheritor later wants to sell, and the others still can’t buy out that share?

Keeping the family home can feel like an important legacy to offer to your children, but not if ownership creates strife that imperils family relationships. An experienced estate planning attorney can meet with you as a group and discuss the scenarios and legal documents you may need going forward.

Filed Under: Estate planning, Q&A Tagged With: Estate Planning, inheriting family home, inheriting property

Q&A: Property transfers trigger tax problem

March 18, 2024 By Liz Weston

Dear Liz: I’m considering giving property (a condo) to my child through a quitclaim deed while I am still living. If she continues to live in the condo for two years after gaining possession, doesn’t she get a $250,000 capital gains exemption when she sells the property?

Answer: Yes, if she owns and lives in the home for at least two of the previous five years, she can exclude up to $250,000 of home sale profits from her income. However, her taxable gain would be based on your tax basis in the property: basically what you paid for the home, plus any qualifying improvements. Only if she inherits the home would the tax basis be updated to reflect its fair market value on the date of your death. Although taxes should never be the sole consideration for property transfers, the favorable step-up in basis may be a powerful incentive to hold off. Consider discussing your options with a tax pro.

Filed Under: Estate planning, Inheritance, Q&A, Real Estate, Taxes Tagged With: Estate Planning, gifting property, Inheritance, inheriting property, step-up, step-up in tax basis, tax basis, tax step-up

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