Gift of co-inherited property. How to solve this problem?

Gift of co-inherited property. How to solve this problem?

Member since 2018 · 5 posts · 0 votes

My grandmother is offering to gift me a property she co-inherited with a disabled person. To make the story short, she inherited 80% of the property from a friend she helped through her illness for years. My grandmothers friend had no heirs but she left 20% of the property to a disabled nephew. My grandmother has been trying to sell the house by herself for years now with no agent because she does not know anything about real estate. I’ve advised her to get an agent but she would rather gift the property to me. Now, since this is a co-inherited property, how would this work? Can we just sign some legal paperwork to have her inherited portion transferred to me? How can I buy out the party that owns 20%? Do I need to negotiate or can we just go by the market value of the property, or a lower amount? What are the tax implications to me and/or my grandmother for gifting and receiving the property as a gift? Please note that the property is not in the same state I live in currently. I will be looking for expert help but would appreciate anyone’s comments to get me warmed up. My plans for the property would be just to keep it for rental cash flow. I assume I will need a lawyer. Thanks!

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  • Chris MasonPro Member
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    Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes
    7y

    I'm assuming the end-goal is for you to be 100% owner, free to run the property as you please? 

    A few possibilities. 

    - The 20% owner refuses all communication. No easy solution here. But you can get in front of this by reaching out to that person now, see what they are open to. Better to know about this upfront, or ideally rule it out, rather than be surprised by it.

    - The 20% owner wants passive income, not a big payout. Something along the lines of "seller" financing could work. You sign a promise to repay $X/mo for the next Y months, they collect that as passive income, they transfer their 20% ownership to you. Numerically the $X/mo might be the same as their 20% cut of net profit, but an important difference here is that now it's 100% your property, you don't have someone looking over your shoulder every time you sign a new tenant, etc. 

    - The 20% owner wants a one time payout. Great, cash out refinance. 

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