Transferring Ownership of Family Owned Properties

Transferring Ownership of Family Owned Properties

Member since 2018 · 3 posts · 0 votes

Quick Background: I've been fairly successful in other areas of life and recently determined that moving towards passive income is the best way to achieve my financial/lifestyle goals.

- I currently have 2 SFH properties

- I have an LLC formed, but currently don't have any properties under it.

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My introduction to rental properties was started with a complicated scenario...

As many of you probably have experienced, I have an aging grandmother that lives in a smaller house in the next town over. She's lived there alone for many years, but it was starting to get to the point where moving her closer to the family would probably be for the best.

In a series of unrelated events, my sister and kids ended up moving in with her about a year ago. During this time my sister was regaining financial stability and had intentions of renting a larger home back in our town. This is what started everything...

Fast forward, I ended up buying an equitable property near my home that was large enough for my sister, kids, and grandmother. The arrangement was for my sister to pay half the rent and my grandmother to live rent free (forever) in exchange for rights to her property.

(Everything financially made sense and was reasonable for everyone considering her homes value, rental costs, etc).

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So, my first questions here on BP are related to my grandmothers house.

My name is NOT currently on my grandmothers title and because she carries a small mortgage on it, I can't 100% own it unless I buy it, correct?

Ultimately, I'd like to move the property under my name before anything happens(!) to my grandmother and to simplify, and potentially benefit, from tax deductions.

Can anyone offer advice related to this? Any areas of caution?

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Dave FosterBusiness Member
Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
8y

@Jeremy Smith, worst thing you could do is take title to your grandmother's house.  right now if she sells she gets the first $250K profit tax free.  The second you take title unless you're buying from her she loses that benefit.  The estate/assisted living issue and medicaid look back all become huge.  Better to let her sell and and move in with you.  You don't want a trail of that cash or house to you if she ever ends up in need of long term care.  I don't see a 1031 in it.  the rest is just me thinking out loud.

The 1031 Investor5140 Reviews
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  • Investor · Havre De Grace, MD · Member since 2017 · 71 posts · 54 votes
    8y

    @Jeremy Smith I am sure of your local laws, but here in Maryland a loved one can transfer a property for the consideration of love and affection. However, there are many tax implications for transactions such as these so it is best to pay a CPA that specializes in real estate for an hour of time. As long as you pick the right CPA, the advice will be worth the cost. It also has tax implications on your grandmother as well. For instance, I had a family friend that gifted their home then had a sudden illness that required long term nursing home care. When calculating the patient's eligibility for medical assistance, they included the worth of the home and the patient was forced to pay more out of pocket each month.

    I offer some advice from my personal life - don't put this off. Make sure your grandmother is informed along the process and is in agreement and your family knows her wishes.

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    8y

    @Jeremy Smith, worst thing you could do is take title to your grandmother's house.  right now if she sells she gets the first $250K profit tax free.  The second you take title unless you're buying from her she loses that benefit.  The estate/assisted living issue and medicaid look back all become huge.  Better to let her sell and and move in with you.  You don't want a trail of that cash or house to you if she ever ends up in need of long term care.  I don't see a 1031 in it.  the rest is just me thinking out loud.

    The 1031 Investor5140 Reviews
  • Scott WolfPro Member
    Lender · Boca Raton, FL · Member since 2014 · 1k+ posts · 959 votes
    8y

    @Jeremy Smith  I agree with @Dave Foster.  If she can sell, and keep her up to $250k gain (or any gain she has) tax free (above $250 she'll pay capital gains on), that is the way to go.  She then has the ability to make a tax-free annual gift of $15,000 to you and your sister (and sisters kids) if she so desires, so that you can start using that money now. 

    I also agree with @Account Closed, step 1 is speak to a CPA immediately.

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