QUESTION

Can a child avoid estate and inheritance taxes in the state of New Jersey by becoming a co-owner of a house while the parent is still alive?

Asked on Jul 10th, 2012 on Estate Planning - New Jersey
More details to this question:
My mother has a house in Bergen County, NJ. She is currently the sole owner as our father passed away several years before. The house currently has no mortgage on it and was bought in the early 1980''s for about $95k. Improvements documenting about $200k have been done to the house and the current estimated market value I''d say is in the $450k to $500k range. My mother has 2 children. If one of us were to become a coowner on the house by adding our name to the deed, what happens to the estate when she passes away? Do we get sole ownership and do we have to pay estate/inheritance taxes? After she passes, can we then add the other child to the deed so thst now both children own the house? Note, that this is my mother''s primary residence but for either of her children, it would be a second home and not their primary residence.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
First you have to look at the total value of the estate.  Estate tax is imposed on estates with a total value over $675,000.  You look at all of the assets in the estate and then deduct certain costs and expenses like funeral costs, attorney's fees, etc.  If the total amount remaining after the deductions is over $675,000 then you will pay tax.  If you become a joint owner of the house, then when you sell it you will pay capital gains tax on the difference between the sales price and the price your mother bought the house for in the 1980.  Balancing those two taxes out, I would say leave the house in mom's name and pay the estate tax - its less than you will pay in capital gains.  You will not pay inheritance taxes because you are Class A beneficiaries as children of the decedent.  
Answered on Jul 10th, 2012 at 9:16 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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