abhester3
New Member

Do Probate and Legal Expenses Increase the Basis of Inherited Real Estate?

A parent owned significant real estate when they died and my sibling challenged the will causing sizable legal bills for me as estate administrator obligated to defend the will and preserve the estate. In addition, there were probate, property taxes, etc over the years while this all went through the courts. All expenses were out of MY pocket as my hands were tied by the estate being prohibited from liquidating assets to pay even property taxes and regular expenses due to the ongoing litigation. The sibling was out nothing as they hired an attorney on contingency to be paid a % of auction proceeds from the forced sale of the properties if they won. When the will was finally found to be valid, my sibling took their share and refused to pay past probate expenses, including taxes on their property, much less legal fees. The judge did not award legal fees or past expenses and the properties were distributed as the will dictated. Fast forward several decades and I'm selling my property. Is my basis increased by the legal fees, probate and estate expenses, and unreimbursed property taxes that I paid defending the will I was a beneficiary of and preserving the estate I was administrator of?