Legal Question in Real Estate Law in Washington
Inheritance or gift?
My father died, my mother had power of attorney and quitclaimed her house to my sister and I. We sold the house, divided the money within 2 months of the quitclaim. My father's will left the house to us children. Is this inherited or a gift from my mother? There was no formal estate hearing. Thank you
1 Answer from Attorneys
Re: Inheritance or gift?
Great question. I'd need to see the documents transferring title to tell you. If the title company paid you, then they thought you had clear title from your mother.
Your father's will can only pass on property that he owned at the time of his death. Your mother didn't need to probate his estate (unless you and your sister objected) because his property became your mother's when he died (subject to some exceptions) and you don't mention whether or not there was a community property agreement or not.
In any event, if the title company accepted your mother's quit claim and relied on it to determine that the property passed as an inter vivos gift, then this property was a gift from your mother, not a bequest from your father.
If he'd left it to you in his will, you could not have sold it without taking it through probate.
It is possible that this transfer may have created unintended tax consequences. You'd probably benefit from discussing this with an attorney who can advise you about that.
Hope this helps. Elizabeth Powell