Wednesday, May 19, 2010

Can you transfer property from a family member who is ill as a gift?

My grandmother is ill and can not mentally make decisions. We are planning on acquiring her house (in San Francisco). Can be transfer it to us, we are on the trust, and continue to pay the taxes she does ($300 per year, based off the value she bought the house in 1946). Otherwise our taxes will be based off the value now (800k, about 12k in taxes. Help .... can we trasnfer as a gift and keep the taxes the same?

Can you transfer property from a family member who is ill as a gift?
There has to be a way to move you on to the deed. With multiple names on the deed the property could move between relatives. I would not suggest a quit claim deed, that might be contested (forged). This is a situation for a professional, believe me the cost is worth the gain.
Reply:I don't think you can keep the taxes the same transfering as a gift. I suggest you get some professional advice. You need to do this. Get advice on the decision only or simply do some research at your library into the lawbooks relating, it might give you an idea but you would still need the professional advice.
Reply:Contact a Tax Lawyer.
Reply:Only the person who is legaly in charge of makeing decisions for your grandmother can do that.
Reply:I agree, contact a CPA to avoid getting into trouble. Not sure what type of trust you have, but one thing to keep in mind is that "family trusts" should not exist for the purposes of tax avoidance only... the IRS has become quite annoyed with families who have setup trusts purely for tax purposes. Some good info on "gift of residences" can be found here: http://www.nysscpa.org/cpajournal/old/12...


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