Inheritance Tax on a foreclosure

Inheritance Tax on a foreclosure

Flipper/Rehabber · Manheim PA · Member since 2019 · 9 posts · 3 votes

Hi from Pennsylvania!

I am looking at a home that is foreclosure and is set to sell at a Sheriff's auction. The title search returned that the property is encumbered at 145K. The owner, who is still on the deed/title, passed away in March of 2019 and and estate was not set up. This means that inheritance taxes were not filed. I am trying to understand a worse case scenario of how this could affect me and the flip. I understand that this can cause problems for me when I go to resell because some title companies handle this type of case incorrectly. Apparently, PA is all over the map with a clear understanding of how it is to actually be handled. 

Lets say I purchase this 145k encumbered property for the price of 100K. I do the rehab and proceed to list and eventually sell it for 150K. What is the worst case scenario in regards to the inheritance tax? 

I have heard the following: 1 - If I pay under the encumbered value, there will be no issue. 2 - there is the potential that no matter what I pay, I could be held liable for the 15% inheritance tax on the full amount of the assesed value of the house at the time of the owner's death. 3 - If I pay 150k for the house, I would only be responsible to pay 15% inheritance tax for the difference of 145K (the debt) and what I paid, which equals 15% of $5000.  4 - Pay less than the encumbered amount and "direct" the sale to a title company who knows the law and what they are doing. If I do it this way, could this title problem show up again in later years if the next person want to sell the house? (to me, this is an ethical/moral issue that I do not want to be a part of) 5 - RUN away from this property as you could be facing over 20k of inheritance taxes and fees that would be a a total nightmare. Something a large scale company could handle, but not someone in my financial position. 


This could potentially be my second flip. I am working with cash and I am a single mom who does not have the luxury of making a costly mistake so early in this business endeavor. I do not qualify for a mortgage (yet!) because I was a stay at home mom for years, so what I have is all I have to invest. 

I would value your input and knowledge if you have any experience with Inheritance taxes/foreclosures/no estate/deceased owner. 

Thank you!

Renee

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Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
6y
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  • Member since 2021 · 1 post · 0 votes
    5y

    In this situation, the bank is responsible for determining if there are any beneficiaries/heirs that would be responsible for inheritance tax. If there are not any beneficiaries/heirs, the bank has to show the department of Revenue substantial evidence to prove that. Once they submit that paperwork, the DOR will decide if there is enough proof to file a release on the lien. Otherwise, the bank is left to pay the inheritance tax. 

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