Tax implications of death with rental property trust

[lechahro]

My grandfather and mother live in North Carolina and hold a 5 unit rental property in trust in California worth around $4M. The property has been paid off. When my grandfather passes, will my mother owe a significant tax bill on the property despite the trust being in place? We are thinking of doing a 1031 exchange on the property since upkeep is too much work for her. I am wondering about purchasing a new investment property with a partial down payment (and thus incurring debt), would this debt offset the taxes owed when he passes?

Thank you for any help!

[M-MTax]

You need to speak with a tax and estate lawyer for this. A lot of what happens after your grandfather passes  depends on what relationship your mother has to the trust. Did she and your grandfather own the property together and place it in trust, is she just a beneficiary, or something else? Depending on the structure your mother could get a stepped up basis in the property with depreciation deductions disappearing or she could get the property with the same basis after your grandfather passes. Someone needs to be able to review the entire terms of the trust and that should be a local attorney who has knowledge of estates and trusts and real estate.