Legal Question in Real Estate Law in Ohio

Re: Transfers

I am not sure from your questions if the property is in her trust or in a "business". If it is in her trust and she is the trustee with power to remove property she may transfer it your brother by a fiduciary deed. There are other issues to consider in making that transfer she has made a gift to your brother and should file a gift tax return. Your brother would then take the property with her tax basis in the property so if this property has been held for a while he may have a lot of capital gains to pay when he sells it. It may be better to allow the transfer to occur at her death if that is possible. There may be a better way to acheive the result she wants to acheive.

If it is in a business it would depend on the type of business involved and the way the business is set up.

She really needs to consult with an attorney who can review the trust and the business documents and help her find the best way to accomplish the result she wants to accomplish.

This answer is inteneded as general legal information and is not legal advise not does it create an attorney-client realtionship. You should consult with an attorney to get advise particualar to your situation.