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joint tenant estate gift tax question

Parents and I purchased a house together 3years ago where they contributed 500K together and I contributed 300K with the deed stating all joint tenants.  Last year with my mother's passing the house deed is changed to my father and I as joint tenants.  So what happens now to the ownership?  Do my father, the surviving spouse, still hold the 500K interest leaving ownership unchanged or do I gain 1/2 of my mother's (250/2=125) where I now hold 425K (300+125) and my father 375K (250+125)?  If I do gain in asset then there will be gift tax involved?  Please help. Thank you.

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2 Replies
Anonymous
Not applicable

joint tenant estate gift tax question

this is really an income tax not gift tax forum.  if the deed gave each of you equal ownership then when you paid $300 for a 1/3 interest in a 500K house you may have actually made a gift to your parents.  so your basis to start might actually be only $166,667 - you get no basis for the gift you made to your parents.    when you mother died you got 1/2 of her 1/3 interest.        you inherited your mother's portion. inheritance at least for Federal purposes is not a gift.  generally  inherited property gets stepped up to fair market value. if the house was worth $600,000  her 1/3 would be 200k so you get to add 100k to your basis which is now $$266,667.    your dad's basis is 1/2 of the $200, paid + the value of the gift you made to him back then or 66,667 and he also gets a step up of 100k for the portion he inherited.   so his basis is the same as yours.   total 533,333   this seems right 500k originally paid + FMV of her portion or 200k less her basis of 166,667 

 

warning i'm not an expert in inheritance taxes,  the best thing to do would be to check with a lawyer in your state.   

joint tenant estate gift tax question

Thank you so much for the reply!

I meant to say house cost total 800k with parents paid 500k and I paid 300k, but totally followed your explanation.  So basically we don’t have to deal with any tax issues until the house is sold. 

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