Taxes from a Lady Bird Inheritance Taxes from a Lady Bird Inheritance - Talk of The Villages Florida

Taxes from a Lady Bird Inheritance

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Michael G. Michael G. is offline
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Default Taxes from a Lady Bird Inheritance

A Lady Bird post was mentioned some time ago, and I know how it works.
What I don't know if there's a Capital Gains tax for the people that inherit the house?

Anyone Know?
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retiredguy123 retiredguy123 is online now
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No, because the beneficiary only acquires ownership of the property as the result of a death. Therefore, the property is "inherited" with a stepped up basis. Before death, the beneficiary named in the ladybird deed has no ownership in the property, and the owner can rescind the ladybird deed at any time. This is different than if you place someone's name on the property deed as a co-owner before death. In that case, the person acquires ownership in the property before death and does not "inherit" the property. I am not a lawyer, so, if you want a legal opinion, consult an attorney.

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I would imagine depends on what state the property is in. Some state like to steal property or tax it enough have sell it.
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CoachKandSportsguy CoachKandSportsguy is offline
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Yes there is capital gains for the people who inherit the house, if they subsequently sell the house for more than their exclusion.

A person inherits a house, with a Fair Market Value (FMV) at the death of the original owner's death.
The inheritor now owns the house at FMV.

When the inheritor sells the house, then there may be capital gains, based upon the difference between the sale price and the FMV of the inherited value. less any exclusion. . .
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Quote:
Originally Posted by CoachKandSportsguy View Post
Yes there is capital gains for the people who inherit the house, if they subsequently sell the house for more than their exclusion.

A person inherits a house, with a Fair Market Value (FMV) at the death of the original owner's death.
The inheritor now owns the house at FMV.

When the inheritor sells the house, then there may be capital gains, based upon the difference between the sale price and the FMV of the inherited value. less any exclusion. . .
I would just point out that you are saying basically the same thing that I said. There is a step up in cost basis to the market value at the time of death. Obviously, there could be a capital gains tax if the value of the property increases after the death of the owner, but this has nothing to do with the ladybird deed.
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I don’t understand this inherent tax? Taxes have been paid on property. Like they create new tax to steal from family bank account. As tax paying citizens we shouldn’t put up with that. Time to root out all these crooks that steal from citizens IMO.
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