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Use of A Quit Claim Deed when a parent dies

Posted on: 09th Nov, 2007 10:04 am
my father-in-law passed away and a quit claim deed was signed tranfering the ownership to his three daughters. i don't know if the deed was formally recored. i have a few questions

1. does the deed have to be formally recorded to be valid
2. what is the tax basis of the house for the three daughters. my father in law paid $50000 and it is worth about $180000. when he died.
3. when it is sold is the money received from the sale taxable to the three daughters based on the $50000 value or the $180000 value
Hi,

The quit claim deed has to be recorded at the county office in order to make it valid.

This property has been a gift from your father-in-law to his daughters. So when it is sold at a higher price than $180k or the appraisal value at the time of signing the quit claim, they have to pay capital gains tax on that.
Posted on: 09th Nov, 2007 09:03 pm
Hi Minni,

The tax that the daughters need to pay is the based on the capital gains obtained from the sale of the home. The gains will be calculated as the difference of the the sale price and the home value at the time of quitclaim. However, it's not that one has to pay taxes always, there are some exemption limits too.

Please refer to a previous discussion on Capital Gains Tax Exemption to know if you qualify for the exemptions.
Posted on: 11th Nov, 2007 07:46 am
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