QUESTION

If my boyfriend wants to will his house to me will I have to pay taxes on it? Does he have to will his other possessions separately?

Asked on Oct 17th, 2013 on Estate Planning - Michigan
More details to this question:
My boyfriend wants me to be able to live in his house in the event that something should happen to him. He has asked me to look into it for him. I don't really know if he would be interested in allowing me to live there until I pass away or just will it directly to me. So, if you could answer for both situations I would appreciate it. Also, does the will state what happens to his possessions?
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18 ANSWERS

Corporate/Business Attorney serving Beachwood, OH at Christine Sabio Socrates Attorney at Law
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Your boyfriend should make a will that reflects his intentions of leaving you the house and his possessions. This can be done together or separately. He can also sign over a transfer on death affidavit if he wants the house to transfer to you directly after his death. If he wants you to only have the house for your lifetime, he can make provisions on who gets the house after your death. He should talk to an experienced estate planning attorney to discuss his intentions and the implement his estate planning objectives.
Answered on Oct 23rd, 2013 at 2:25 PM

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Divorce Attorney serving Bingham Farms, MI at Gottlieb & Goren, P.C.
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If he passes it to you by Will, you're the owner and you pay the real estate taxes. If he has other assets, he could pass to you a life estate, or give it to you for your life through a trust, and his other assets could pay the taxes.
Answered on Oct 23rd, 2013 at 9:09 AM

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Probate Attorney serving Las Vegas, NV
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A will should address all of his assets and who get the remainder, whatever is not specifically addressed. He should probably speak with an attorney about a Will and powers of attorney. They are not exceptionally expensive to have done. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Oct 22nd, 2013 at 7:56 AM

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Edwin K. Niles
There are many issues, the increase in real property tax being one of them. Better have a chat with an estate planning lawyer.
Answered on Oct 22nd, 2013 at 7:00 AM

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Probate Attorney serving St. Louis, MO at Edward L. Armstrong, P.C.
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Yes, your boyfriend can leave his house to you. If he still owes money on the mortgage you will have to continue paying on that. If the mortgage is paid off you may or may not have to pay estate taxes. The exemption is over $5 Million so the chances of that scenario are probably slim. This could, however cause problems with his family if they are expecting him to leave assets to them. He does not have to leave everything to you, he can name other beneficiaries. As far as the house is concerned, it would be less expensive and perhaps quicker to have him have a lawyer prepare a beneficiary deed which would leave the house to you on his death but allow him to still have full use of the house and the ability to sell it should that become a necessity. The beneficiary deed would not take effect until his death but he would have to record it with the Recorder of Deeds for the county where the property is located.
Answered on Oct 21st, 2013 at 3:20 AM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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A Will can deal with both personal belongings and real estate. As for taxes, there are no inheritance taxes in Michigan. There would also be no income tax. You would be responsible for property taxes, once you inherit the property.
Answered on Oct 18th, 2013 at 7:30 PM

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In Nevada, he could deed the house to you and him as joint tenants with rights of survivor-ship. The second to die would get the house upon the first person's death. He could handle his other possessions in his will or trust.
Answered on Oct 18th, 2013 at 6:54 PM

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David Thomson Egli
Your boyfriend should discuss this with an experienced estate planning attorney and have the attorney set up a complete estate plan for him. Relative to the cost of the house, having proper advice and properly prepared estate planning documents is relatively inexpensive and can save thousands of dollars and much distress for himself and his loved ones in the future. For a single person who owns real property, I believe he should consider and plan for both of the following: (1) What happens to his property if he is incapacitated; and (2) What happens to his property when he dies. A will only deals with what happens with property on death, but it has no control over what happens if when one is incapacitated. For that reason, I would recommend that he consider using a revocable living trust, in which he can name the person he wants to manage things on his death or incapacity (his successor trustee), how his house will be managed during his lifetime and to whom it will go on his death. He can provide that the property go outright to you or that you have the right to reside on the property for your lifetime with a provision to whom it will go on your death. Also, he should consider getting an advance health care directive, which document includes a power of attorney for health care naming a health care agent in the event that he becomes incapacitated to the extent that he can't communicate with his doctor. Without such, if he becomes incapacitated, it may require an expensive court proceeding to appoint a conservator to make medical decisions for him, which may have to be paid for out of his property. Also, the person appointed may not be the one he would have wanted to make decisions for him. It may not even be someone he knows. If your boyfriend wants you to be involved in the management of his property or his health care if incapacitated, it is very unlikely you will be without him setting forth his wishes in the proper documents. Unless he has a very large estate, there will be no estate taxes when he dies. Property taxes will probably go up, but that is the case whenever property changes ownership between unrelated people.
Answered on Oct 18th, 2013 at 6:29 PM

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Admiralty / Maritime Attorney serving Monrovia, CA at The Law Office of Nathan Wagner
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You will not have to pay income tax or estate tax for receiving the home. If there is any estate tax, it should be paid out of your boyfriend's assets before you receive them. However, as a property owner, you will have to pay property taxes, school taxes, etc. on the home every year.
Answered on Oct 18th, 2013 at 4:31 PM

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Ideally, a person writes one will that disposes of all their possessions, real and personal, tangible and intangible, or whatever character and wheresoever situate. This is simpler than trying to pass this by will, that by joint ownership, and the other by some other means. The question of whether to use a life estate (allowing you to live there for your lifetime) is partly a matter of his age and yours. If he is older, and might need Medicaid assistance at some point, then the life estate can be a problem. If you are both young, then the life estate might be for so many years that it is functionally very nearly the same as leaving the property to you outright. The question is, who else should benefit from his estate, and what is there to be left to them. For many people, the house is essentially everything. Leaving the house to you might mean essentially disinheriting his kids. Rather than a deeded life estate, I prefer to leave the house in trust using a testamentary trust. This way, he can specify who will pay taxes, insurance, maintenance, can leave some money in trust to help with these, and can specify conditions where you lose the right to live there (e.g., you get married). If you're young, and there's a mortgage, can you afford it? If not, he should buy life insurance to pay the mortgage off. Finally, all of this is just ideas. A good estate plan is worth getting done by a lawyer who knows his or her way around these things. The estate plan often can't be fixed after you go. Get it right the first time.
Answered on Oct 18th, 2013 at 4:25 PM

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Business Law Attorney serving Portland, OR
2 Awards
Taxes are the least of your problems. But, to answer your question. No, you are not responsible for the taxes on property until you own it. If you are named in a Will to receive it, the person making the Will can always change their mind, so you do not own it and do not have to pay the taxes on it. But, note the problem: you do not own it. So, he can change his mind and cancel the Will and you get nothing. If he is serious about giving it to you, I recommend you have him put it into an irrevocable trust. Then he cannot change his mind. He could also put you on the Deed as a co-owner now, but these kinds of arrangements are sometime successfully challenged. So, a trust is more certain.
Answered on Oct 18th, 2013 at 4:11 PM

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Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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No tax. His will can cover those too.
Answered on Oct 18th, 2013 at 4:08 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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To allow someone to live in a property for the remainder of his/her life, the property owner grants a life estate and lists the person who inherits the property afterwards. To transfer the property permanently, the owner bequests it to that person in fee simple. If the house is permanently transferred to you, the estate would pay for everything up to the date of the transfer and then you would be responsible for tases, maintenance, mortagage payments, insurance, etc. Usually someone with a life estate is also responsible for all the bills but the original owner can leave funds to cover some or all of these expenses.
Answered on Oct 18th, 2013 at 4:00 PM

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Arts Attorney serving Berkley, MI at Neil J. Lehto
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A will passes no interest in the house until he dies. Then, as owner you would be responsible for property taxes. If is doing so by putting you on the deed, and its recorded, you would be responsible for property taxes. He could pass to you either full ownership or a life estate, making you the owner while you are alive. A will states whatever the person wants.
Answered on Oct 18th, 2013 at 3:57 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
2 Awards
Your boyfriend needs to see an attorney without you, and you should not look into it for him. Any will he signs, whether for the house or real estate will certainly be contested if you are doing the "legwork" for him. In any event, inheritances are not taxed and he can do one will leaving everything to whomever he wants, it just needs to be clear. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
Answered on Oct 18th, 2013 at 3:39 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Boyfriend can will you the house and and any and all personal possession including accounts and anything else he desires to pass on to you. No taxes due on transfer to you.
Answered on Oct 18th, 2013 at 3:28 PM

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Estate Planning Attorney serving Castle Rock, CO
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The Will can address the real estate separately from the personal property. He can either grant you a life estate or give you the property. The best approach is to work with an attorney specializing in estate planning before proceeding further. Do not proceed based on information you receive on the internet.
Answered on Oct 18th, 2013 at 3:14 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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His possessions can go by will, or by law, and there may be other interest parties.
Answered on Oct 18th, 2013 at 3:02 PM

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