Skip to main content
October 18, 2023
Solved

Capital Gains Tax

  • October 18, 2023
  • 2 replies
  • 0 views

My father and sister are deceased. I have no living siblings. My mother is 92.  More than 5 years ago, she legally put her home/land in my name with lifetime rights for her to live there. I am concerned about the future if I sell it after her passing. I have lived in the home since 1985 when my parents built it.

Will I have to pay capital gains tax after selling it?

Can it be put in a revocable trust to help avoid Capital gains tax. If so, would my mother have an attorney do this or would I do this? Thank you!

Best answer by dmertz

With a life estate you get a step-up in basis at the time of your mother's death.  Your capital gain when you sell the property will be the difference between the date-of-death appraised value and the sales proceeds.

2 replies

Employee
October 18, 2023

As previously mentioned you apparently have a life estate which shields you from capital gains upon your mother’s death. 

My prior post deleted. 



dmertzAnswer
Employee
October 18, 2023

With a life estate you get a step-up in basis at the time of your mother's death.  Your capital gain when you sell the property will be the difference between the date-of-death appraised value and the sales proceeds.

Employee
October 18, 2023
No text available