Legal Question in Real Estate Law in California
Will we have negative tax consequences if we give our adult son our second home located in another state (Nevada), our primary residence is in California. We are unable to occupy the Nevada home for 2 years prior to transferring the home. If the tax consequences would be too great, should we just put it in to our living trust & leave it to him upon our death?
BTW, the home has no mortgage.
2 Answers from Attorneys
Generally, families are better off letting property pass by inheritance rather than by gift, but not in all cases. It's really worth having an in-person chat with a wills trusts and estates attorney who can quiz you about the property's appreciation, prior gifts you have made, your age and health, your son's needs, and other factors affecting the taxes the parties will be subject to at various times or otherwise affecting the wiser course.
Except in EXTREMELY rare cases, making a gift of real property other than by will or trust is one of the most tax disadvantaged things you can possibly do, and the more it has appreciated since you bought it, the worse it gets. If you think you have some real special need to transfer ownership to him during your lifetime, in which case you should talk to an estate planning lawyer, you should pass it to him by will or trust after your death.