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Best Way to Transfer Real Estate to Heirs
Posted on 8/17/23 at 3:25 pm
Posted on 8/17/23 at 3:25 pm
My wife’s grandmother own’s a rural property situated on an old quarry lake in Louisiana. She and her late husband acquired the property in the mid 1960’s as a place to get away from the city and enjoy the fresh air. It’s a very special property to us and will remain in the family for as long as any of us have the means to keep it.
The issue is that her grandmother is getting up in age and intends for the property to go to my wife and her siblings (4 total) upon her passing but recently she’s expressed a desire to remove herself from any liability that ownership of the property represents for her. My question is this. What’s the best way to transfer ownership of the property to the 4 siblings so as to minimize the tax burden to all parties?
My uneducated feeling is that she could set up a trust and assign them as the beneficiaries. Would this work? If so, what sort of tax liability would there be on something like this?
Another idea I had was for her to transfer the property to an LLC which all of the heirs are shareholders of.
Either way, I’m assuming that making the transfer before her passing is better than inheriting it and paying taxes on the current value?
Thanks in advance.
The issue is that her grandmother is getting up in age and intends for the property to go to my wife and her siblings (4 total) upon her passing but recently she’s expressed a desire to remove herself from any liability that ownership of the property represents for her. My question is this. What’s the best way to transfer ownership of the property to the 4 siblings so as to minimize the tax burden to all parties?
My uneducated feeling is that she could set up a trust and assign them as the beneficiaries. Would this work? If so, what sort of tax liability would there be on something like this?
Another idea I had was for her to transfer the property to an LLC which all of the heirs are shareholders of.
Either way, I’m assuming that making the transfer before her passing is better than inheriting it and paying taxes on the current value?
Thanks in advance.
This post was edited on 8/17/23 at 3:27 pm
Posted on 8/17/23 at 3:34 pm to BillyGibbons
If your concern is to minimize the tax burden, if she would pass away and the property gets inherited, the heirs or legatees get a stepped up tax basis based on the value at the time of the death which will save them capital gains taxes if the heirs sell the property. Donated property does not get that benefit. From that standpoint it is better to let the property get inherited.
Posted on 8/17/23 at 3:35 pm to BillyGibbons
I'm going assume there is no concern with the grandmother having a large enough estate to be subject to estate taxation. But if the land is very valuable and she has substantial other assets, this could be wrong. Remember that estate tax lifetime exclusion will be nearly cut in half in Jan. 1 2026 as it stands today.
It sounds like you believe the property has appreciated substantially since it was purchased. How long ago did her husband pass? Has it appreciated substantially since then?
This property would get a step-up in basis at her passing. If her Will designates the property goes to those 4 grandkids, then it will pass to them without tax consequence. If she is concerned about liability, form a LLC and put the property in it.
It sounds like you believe the property has appreciated substantially since it was purchased. How long ago did her husband pass? Has it appreciated substantially since then?
This property would get a step-up in basis at her passing. If her Will designates the property goes to those 4 grandkids, then it will pass to them without tax consequence. If she is concerned about liability, form a LLC and put the property in it.
This post was edited on 8/17/23 at 3:38 pm
Posted on 8/17/23 at 3:39 pm to BillyGibbons
Also weigh the likelyhood of the heirs to bitch and moan over things. Sometimes it's better, even if not financially better, to sell and just have cash to divide up.
I've seen families torn apart from decisions of an executor of an estate to pick something the others don't agree with regarding the sale of RE.
I've seen families torn apart from decisions of an executor of an estate to pick something the others don't agree with regarding the sale of RE.
This post was edited on 8/17/23 at 5:11 pm
Posted on 8/17/23 at 3:52 pm to BillyGibbons
Quitclaim deed
Posted on 8/17/23 at 9:00 pm to BillyGibbons
Living Trust
Posted on 8/18/23 at 9:31 am to BillyGibbons
lsufanhouston had the best answer in here. but i would consider the relative value of this property as you dig into this. people with minimal assets spend way too much time stressing over tax consequences and liability. if this is like a $200k property, it is probably not worth getting a tax attorney involved. a basic will would get 90% of what you want to accomplish without all the fuss. if grandma is bumping up against the estate tax exclusion, then i'd recommend an attorney with an LLM to start handling the estate now.
Posted on 8/18/23 at 5:20 pm to BillyGibbons
Private mortgage to the 4 where they buy it and she forgives payments under the $17k annual exemption
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