Legal Question in Real Estate Law in New York

How is real estate valued when transferred?

When real estate ownership is transferred as part of an estate, how is its value determined as part of the value of the estae for tax purposes? Original purchase price? Last tax assessment? Reassessment upon transfer?

Does this differ if using a living trust vs normal will/probate?

Thanks.


Asked on 8/21/06, 1:12 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: How is real estate valued when transferred?

The property Appraised Value (as of or w/in six months of the dod) minus "allowable" deductions.

The Appraised Value, is not necessarily the same as the Tax Assessed Value.

Good luck,

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Answered on 8/22/06, 11:54 am
Arnold Nager Arnold H. Nager, Esquire

Re: How is real estate valued when transferred?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The value is as of the date of death, or six months later. Executor's choice.

Form of ownership is not relevant to establish basis.

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Answered on 8/21/06, 2:57 pm


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