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When inheriting real estate, consider your options

On Behalf of | Sep 2, 2020 | Elder Law

Inheriting real estate from family can be both a blessing and a burden. Figuring out what to do with the property can be overwhelming, so it is good to carefully think through all of your choices.

There are three main options when you inherit real estate: move in, sell, or rent. Which one you choose may depend on your current living situation, whether or not you have siblings, the state of your finances, whether the house has a mortgage or liens, and the physical condition of the house. The following are some things to consider:

  • Taxes. In most situations, you do not have to pay taxes on property you inherit, but if you sell the property you will be subject to capital gains tax. The good news is that inherited property generally receives a step-up in basis. This means that if you inherit a house that was purchased years ago for $150,000 and it is now worth $350,000, you will receive a step-up from the original cost basis from $150,000 to $350,000. If you sell the property right away, you should not owe any capital gains taxes. If you hold on to the property and sell it for $400,000 in a few years, you will owe capital gains on $50,000 (the difference between the sale value and the stepped-up basis). On the other hand, if you use the property as your primary residence for at least two years and then sell the property, you may be able to exclude up to $250,000 ($500,000 for a couple) of capital gains from your taxes.
  • Mortgage. Does the house have a mortgage on it — either a regular mortgage or a reverse mortgage? Sometimes it is specified in the estate plan that the estate will pay off the mortgage. If that isn’t the case, with a regular mortgage you will likely have to assume the monthly payments. But with a reverse mortgage, you usually have a limited time to pay off the mortgage in full.
  • Repairs. You may want to consider hiring a home inspector to assess the condition of the house. If the property needs significant repairs, it may affect what you do with it. Renovations and repairs can be costly and time-consuming.
  • Property maintenance. Once you inherit property, you will be responsible for maintaining it. You will need to make sure the utilities and homeowners’ insurance are transferred to the new owners and continue to be paid on time. You will also need to ensure that all the property taxes and any other fees associated with the property are paid.
  • Other owners. If you inherit property with siblings, you will all need to agree on what to do. If one sibling wants the property, he or she may be able to buy it from the other siblings. Otherwise, you could consider selling or renting the property and splitting the proceeds. If there is a dispute among siblings, a mediator may be able to assist. If matters go to court, a judge may ultimately order the house to be sold so the profits can be split.

If you have questions about real estate and inheritance, contact an experienced attorney for guidance.