Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 8 years ago on . Most recent reply presented by

Account Closed
  • Investor
  • Odessa, TX
2
Votes |
13
Posts

Seeking advice for title transfer. Thanks!

Account Closed
  • Investor
  • Odessa, TX
Posted

Hey biggerpockets family! First things first, thank you for clicking on my discussion. Any feedback is greatly appreciated! 

My grandmother has given me a single-family house to start my Realestate portfolio. I'm trying to find the best way to transfer the title into my name. What are the legal procedures needed for this? 

Again, any feedback is greatly appreciated!

Most Popular Reply

User Stats

1,014
Posts
1,171
Votes
Natalie Schanne
  • Real Estate Agent
  • Princeton, NJ
1,171
Votes |
1,014
Posts
Natalie Schanne
  • Real Estate Agent
  • Princeton, NJ
Replied

Isaiah Magallanez - I'm not an attorney or a cpa. There are a lot of tax benefits on transfer after death. (Stepped up basis to fair market value, assuming said house has been owned for more than 10 years and is worth more than what was paid for it and/or it has been used as a rental and depreciated down to a low basis.) If the house is worth the same as what she paid, there are gift tax considerations but not really any capital gains considerations. She can gift like $5m over her lifetime but you get the property at whatever its tax basis is.

Example - bought in 1990 at 50,000, worth 250,000 today or rents for $2000/mo. Needs $10,000 in updating. Gifted to you transfers at $50k basis plus any documented improvements (modernization done before like new cabinets). Add your rehab budget of $10k. If you sell at 250k, you pay long term cap gains on $250k-50k-rehab (10k)=$190k. Versus after she passes away, there may be inheritance tax but you sell for fair market value or ~$250k with no cap gains.

Example answer:
http://www.elderlawanswers.com/giving-your-home-to-your-children-can-have-tax-consequences-9667

Can your grandma put it in an entity she owns until death but you control? This could make her tax filings a little more complicated if you're renting it out and acting like a PM. You could finagle a contract to extract all the rental profit.

Loading replies...