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    Lcencasa's Avatar
    Lcencasa Posts: 1, Reputation: 1
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    #1

    Dec 12, 2018, 03:54 PM
    listed as a co-owner
    I am listed as a co-owner of my parents' home as well as my siblings. We are on the deed along with my parents. My parents are now deceased. If we sell the house, what are the tax implications for each of the offspring.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Dec 12, 2018, 06:13 PM
    Unless you actually help PAY for the house, adding you to the deed was in effect a gift from your parents to you and your siblings. That implies the requirement for them to file a gift tax return (IRS Form 706).

    If the addition of the siblings was done within the last three years, the Form 706 can still be filed, with the signature requirement being done by the executor of the estate. Note that the gift tax return is NOT a simple return (the form is 31 pages long), so professional help will be needed.

    If adding the children to the deed was done BEFORE 2015, then I would file Form 706 as an estate tax return and show the house being transferred to you and the siblings as part of their estate.

    Note that filing the Form 706 as either a gift tax return or an estate tax return does NOT necessarily mean that you will owe taxes. The Unified Credit usually exempts most transfers of property via gift or estates from any taxes. Under current 2018 estate tax law, estates under $5 MILLION in value pay NO estate taxes.

    All things considered, I recommend you contact an estate lawyer and discuss your situation with him/her in detail. I am confident that NO taxes are due, but I have not actively researched your question, so my solutions in terms of the filing advice may not be adequate, especially if there are state-specific restrictions. A competent estate lawyer will be able to provide you with a legal strategy to adequately deal with your situation in the state where your parent resided. The cost (probably about $500) is minimal when you consider the implications of NOT properly dealing with this problem.

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