Legal Question in Wills and Trusts in Kentucky

Land Conservation2

If I were to sell my farm to one of my three children for $1.00, would this eliminate state and federal taxes upon my death, and what kind of provisions could be placed on the sale to ensure that my other two children have a place to build a home if they wish?


Asked on 4/07/07, 8:44 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Land Conservation2

Selling land for the consideration of $1.00 does not change the value. You essentially are making a gift of the value of the land minus $1.00. This can be captured by the gift tax. Right now, the first $2 million dollars of gifts and estates are exempt from taxation. In 2010, there is no estate and gift tax. In 2011, unless Congress acts, the estate and gift tax is revived and goes back to $1 million exemption.

As you can see, estate planning becomes complicated since this is just the briefest of overviews. If your estate (including the farm) is worth much, then investing in professional planning is a sound investment.

There are ways to convey property subject to restrictions. This is even more confusing than the tax code - even for attorney's. Setting up a trust is an excellent way to address concerns, but it is not the only way. An attorney versed in real estate law can get quite creative.

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Answered on 4/07/07, 9:30 pm


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