Legal Question in Real Estate Law in California

my grandma is 87, she is giving me 2 separate pieces of property, she wants the deeds transferred to me before her health fails, where do need to go to do that, and what will we need to bring and know?


Asked on 1/04/11, 9:09 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your best bet is to have your grandmother place the two properties in a revocable trust (also called a "living trust") of which you are the beneficiary. That way, when she dies, you become owner of the properties (a) without going through probate, and (b) with a stepped-up "basis" for figuring the capital gains tax when you sell them.

Here's a numeric example. Suppose grandma acquired the properties in 1955 for a total of $25,000, and they are now worth $250,000. She dies in 2016 and the properties are worth $300,000 then. If you receive the properties as a gift today and sell them for $320,000 in 2017, you will owe capital gains tax on ($320,000 - 25,000) or $295,000. If the capital-gains tax rate is 20% in 2017, you'll owe the IRS 20% of $295,000, or $59,000. However, if you acquire the properties in 2016 via the trust, your basis is $300,000, your gain is only ($320,000 - 300,000) or $20,000, and your tax is only $4,000, a saving of $55,000.

Of course, you run the risk that grandma will change her mind and revoke the trust or replace you with someone else as beneficiary.

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Answered on 1/09/11, 3:45 pm


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