Inheriting A House Basics
Although a loving gift, inheriting a house can be emotional, this property is likely to be your inheritance from a deceased loved one. The financial decisions required to inherit property can be confusing and stressful.
Knowing your options and assessing the financial implications of your choices is the best way to make a decision and seek expert help in navigating tax and legal issues.
Tax Implications: Should I Pay Tax On An Inherited Asset?
You may be wondering if you have to pay inheritance taxes on property if you find out that you have inherited a home. Although the act of inheriting property does not trigger a tax liability, you will be responsible for any property taxes, capital gains taxes, or other expenses depending on what you do with it (more details below).
What Is Capital Gains Tax?
Capital gains taxes are taxes you pay to the federal government based on the profits you make from an investment. Capital gains taxes, for example, are charged on the difference in the original price of a property and the final sale price. However, you will not pay capital gains tax on the sale or transfer of your primary residence if you have lived there for at least two years.
Capital gains taxes are payable based on your taxable income. However, the step-up tax basis you will pay if you inherit a house will protect you from most capital gains taxes.
What Are Step-Up Taxes?
You'll be the beneficiary of inherited property and will enjoy a step-up income basis. This means that you'll inherit the home for the fair market value at the date of inheritance and that you won't have to pay tax on any gains made between when you inherit it and when you sell.
Let's take, for example, the house that you inherit from your grandmother was initially bought in 1960 for $25,000. Is it possible that the home you inherit from your grandmother is valued at $425,000? If so, will you be subject to tax on $400,000 of profit when you sell the property? No. Gains only will be subject to taxation during the time between inheritance and sale.
You Just Inherited Property. What's Next?
The financial and physical conditions of your property will influence what you do with it.
Is There A Mortgage?
The details of a mortgage that you have on the home you inherit could affect the speed at which you sell or rent it.
Due-On-Sale Clause: Check if your mortgage contains a due-on-sale clause. This clause states that the loan amount is due and payable if you transfer the property to another person, particularly a non-family member. You may need to pay the entire mortgage off or sell the property. If a family member inherits a property, they can assume the mortgage payments.
Reverse Mortgage: A reverse mortgage is a financial product that older homeowners use to gain access to their equity without moving. The original owner gets ongoing cash, and the loan repayments are repaid when they move out. The beneficiary has six months to repay the loan amount due upon the death of the original owner. To pay the remaining balance, you will need to either sell your home or obtain a loan in your name.
Underwater Properties: If your property is underwater (meaning it has more debt than it is worth), the issuing bank might allow you to short-sell it. In this case, the loan amount will be less than the property's value.
Mortgage Paid Off Through The Estate: While it is possible that the person who left home to you had a mortgage while they were alive, it's also possible that their estate paid off the mortgage, and you now own the house free and clear.
Do You Think The Property Needs Repairs?
Home Inspections To Sell: It's a good idea to have a home inspection when you inherit a house. Before you sell the house, it's essential to find out about any major repairs, such as roof, windows, furnace, foundation, roof, and windows. Depending on the size of your home, home inspections can cost anywhere from $250 to $700.
Rent: The long-term condition and comfort of a property are less critical to renters than the creature comforts like fresh carpeting and paint.
Is There More Than One Person Who Is Interested In The Inherited Property?
It is very common for a sibling or family member to inherit property. Multi stakeholders can make things more complicated.
These Are Some Options To Consider:
Buy-Out: One sibling can purchase the other's home in cash or with half the value. An appraisal and closing costs are two examples of out-of-pocket expenses.
Promissory Note: You can create a promissory notice that describes how you will pay half the home's worth back to your sibling. It is a monthly payment plan with interest and installments. In effect, you'll be purchasing your sibling out over time, and they'll also receive some interest income.
Split The Profits For Selling: This is the simplest option. You and your sibling agree on the sale of your home. After expenses, commissions, and other fees, you each get half the proceeds.
Split The Profits For Renting: If the real estate market has slowed down, renting the property may be more financially prudent. After property management and maintenance costs, the monthly rent would be split between you and your sibling.
Suit To Partition. If the parties can't agree, the courts will have to intervene by filing a lawsuit to partition. This asks for a judge's order to sell the property. This can be costly and time-consuming. Legal fees will reduce the amount of profit you receive.
There Are Three Options When It Comes To Transferring Property Ownership: Rent, Move-In, Or Sell
Once you have gathered the financial information and assessed the property's physical condition, it is time to decide what to do with your inherited home. Again, the market, economic and circumstantial factors will all play a role in your decision to rent, sell, or move in.
Move-In
Financial Impact: Regardless of whether you have a mortgage payment, you will be responsible for HOA fees, maintenance, and any other unexpected costs associated with homeownership.
Tax liability The act of inheriting your home does not make you liable for additional taxes in most states. You will only be responsible for the property taxes that you will pay each year as the new owner.
It Can Be Converted Into A Rental
Financial Impact: First, you will need to make your home rent-ready. Add in costs such as 24/7 maintenance support, property management, and tenant gaps.
Tax Liability Just like any other home, you will have to pay property taxes. However, you may be able to deduct expenses related to maintenance and upkeep from your taxes.
It Can Be Sold
Financial Impact: You will need to pay for all costs associated with listing your home. This includes any repairs needed beforehand and any staging or closing costs.
Tax Liability If you fall within certain tax brackets, you will be subject to capital gains taxes on any difference between the fair value of your home when you inherited it and its sale price.