Legal Question in Wills and Trusts in North Carolina

Don't Want Inherited Real Estate

My mother-in-law died leaving all her property equally to her 3 children. After paying the bills, there is very little left except a house. My husband would like to give his share of the house to the sister who is currently living in it. We thought this would be a simple matter of signing a quit claim deed, but then became concerned that we would owe gift tax, since 1/3 of the value of the house is more than $12,000. The house is in North Carolina where the gift tax is quite high. We live in Tennessee. Is there a way to give my husband's share of the house to his sister without owing gift tax?


Asked on 5/30/07, 11:29 am

1 Answer from Attorneys
Marshall Snyder Law Office Of Marshall Snyder

Re: Don't Want Inherited Real Estate

Your husband may be able to disclaim his portion of the property but that would need to be done through a probate proceeding in court.

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Answered on 5/30/07, 2:25 pm


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