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Purchase and subsequent transfer of property.

Posted on: 31st Jul, 2009 07:46 pm
I would like to sell my rental property to its current occupant (my mother-in-law). Once sold I would prefer the ownership of the property be conveyed to her son via a quitclaim. She is currentlty 90 years old and, although very intelectually capable now, she may at some point need to go to some sort of 24 hour care facility. She has resources to pay for that sort of care on the short term but at some point may need to avail herself of Medicaid. In Texas, if the recipient of care has property, the State can take ownership to defray the costs incurred for such care. If her son has clear title to the property the State cannot take the property away and he can then dispose of the property and use the reciepts to continue her care on our terms rather than the States. This is our plan. My question is, " can the Federal Government charge gift taxes on the total value of the transferred property or is the property transferred to my brother-in-law free of gift taxes".

Thanks and regards,

Robert Blake
Hi rblake,

On a transfer of property, the grantor has to pay gift taxes to the federal government. The grantee will not be liable for the gift taxes. As your mother-in-law would be the grantor of the property, she would be responsible for paying the gift taxes. Gift exemptions are available on transfers of present interest up to $13,000 per person per year.

Thanks
Posted on: 31st Jul, 2009 11:54 pm
As a follow up to a previous question concerning transfer of property and the requirement to pay gift taxes: Can a trust be established with a family member as administrator that can then be funded by all interested family members to purchase a property to provide a residence for a aged Mother. Should the Mother subsequently need State funded care, can the State take the property from the trust to fund her care?

Thanks

R Blake
Posted on: 01st Aug, 2009 06:59 am
Welcome back r blake,

If the property is in your mother's name then it can be taken away by the state. But as you've mentioned that the property would be in a trust, I don't think the state will be able to take away to recover the dues.
Posted on: 02nd Aug, 2009 11:00 pm
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