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If one adds their children's names to their house deed, does this allow the children to receive "step up cost" in the home?

If one adds their children's names to their house deed, does this allow the children to receive "step up cost" in the home?

Full question:

If one adds their children's names to their house deed, does this allow the children to receive"step up cost basis" in the home? Is this the same or as good as doing a "Warranty Deed with Retained Life Estate"?

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: Mississippi

Answer:

A person will not receive a step-up in its cost basis if the home was given to as a gift during the owner's lifetime. If, however, a child inherits a home as a result of a parent's death, the cost basis of the home shall be the home’s value on the parent's date of death.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the disadvantages of adding a name to a deed?

Adding a name to a deed can lead to several disadvantages. First, it may expose the property to the new owner's creditors. Second, it can complicate the transfer of the property if the added person wants to sell their share. Additionally, it may affect property tax assessments and eligibility for certain exemptions. Lastly, it could create disputes among heirs or family members regarding ownership and control of the property.

What is a step-up in basis for children?

A step-up in basis refers to the adjustment of the value of an inherited asset to its fair market value at the time of the owner's death. For children, this means that if they inherit a home, the tax basis for the property is reset to its current market value, potentially reducing capital gains taxes if they sell it later. This is beneficial compared to receiving the property as a gift during the owner's lifetime, which does not provide a step-up in basis.

Why would you add someone to a deed?

People often add someone to a deed for various reasons, including estate planning, to facilitate property transfer upon death, or to allow another person to share ownership and responsibilities. It can also help in qualifying for loans or mortgages, as well as providing access to the property for family members. However, it's important to consider the potential legal and tax implications before making such a decision.

Should I put my adult children on my house deed?

Putting adult children on your house deed can have both benefits and drawbacks. It may simplify the transfer of property upon your death and provide them with an immediate interest in the home. However, it can also expose the property to their creditors and complicate your control over the asset. It's advisable to consult with a legal professional to understand the implications fully before proceeding.

Is it a good idea to put your house in your children's names?

Putting your house in your children's names can be a strategy for estate planning, but it comes with risks. While it may help avoid probate, it can also lead to potential tax implications and expose the property to your children's creditors. Additionally, you may lose control over the property. It's essential to weigh the pros and cons and seek legal advice to determine if this approach aligns with your goals.

What are the tax implications of adding someone to a deed?

Adding someone to a deed can have several tax implications. If the property is considered a gift, it may trigger gift tax obligations if the value exceeds the annual exclusion limit. Additionally, the new owner may not receive a step-up in basis if the property is gifted during the owner's lifetime. It's crucial to understand these tax consequences and consult with a tax professional before making changes to the deed.