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Level 2
February 20, 2021
Solved

Sold inherited second home

  • February 20, 2021
  • 6 replies
  • 36 views

In 2013 two brothers inherited their mother's home through quit deed. The house was sold in June of 2020 for more than the market value listed in 2013. The sale/title paperwork has a total market value, that I'm assuming we can list half as basis on our taxes - the other brother will list the other half. A 1099-S was sent to us for our share of gross proceeds of the sale, and I've used the investment section not 'main home sale' in turbotax. Is it true that we take the fair market value at 2013 at the time of the quit deed and NOT when it was originally purchased in 1956?  Does anyone have any experience with Wisconsin forms -- seems turbotax doesn't allow for the extra provision for WI taxes and a separate form has to be manually uploaded in order to file electronically.

    Best answer by Anonymous_

    the quit claim deed DID state a life estate, but the house was sold before she died as she needed to go to assisted living -- died 6 months later.  



    @wi21 wrote:

    the quit claim deed DID state a life estate, but the house was sold before she died as she needed to go to assisted living -- died 6 months later.  


    In that instance, you will need professional assistance. The proceeds would be divided between the mother, as the life tenant, and the brothers, as remaindermen, according to IRS actuarial tables.

     

    See https://www.irs.gov/retirement-plans/actuarial-tables

     

    Consult a tax professional and, perhaps, legal counsel.

    6 replies

    Level 15
    February 20, 2021

    The threshold question for you is whether the brothers inherited the home or whether their mother gifted them the home while she was still alive via a quitclaim deed.

    wi21Author
    Level 2
    February 21, 2021

    The mother quitdeed the home while she was alive -- that was in 2013. The home was sold in June 2020. She passed in December of 2020. 

    Level 15
    February 21, 2021

    In that instance, the two brothers would take the mother's basis, unless a case could be made that she retained a life estate (aka implied life estate, in which case the basis would be the fair market value on the date of death).