These answers assume the Fair Market Value at death was $108,000 and that it was sold to your brother for $71,250.
What would my portion of the capital gains be?
$0. It was sold at a loss, not a gain.
Can I deduct 1/3 of the cost of recording of the deed and taxes?
Sort of, but not really. See bottom question.
Are attorney fees also deductible?
Sort of, but not really. See bottom question.
Can any capital losses be claimed with the buyer being a relative.
No. Because a loss to a relative is non-deductible, any selling expenses are also not going to affect anything.
