Q:

Subject: Section 121after death

 

If a parent dies (other spouse had already died a number of years ago) and leaves their primary residence to the children and they sell it 5 months after date of death can they claim the section 121, $250,000 exclusion on the 1041?  The house was in the parent's living trust when the parent was alive.  Thank you for your help.

A:

This is the exact kind of issue that you must work on with a professional tax advisor.

There  are a number of issues to be resolved.

The Section 121 exclusion will only apply if one of the heirs has been living in the home after receiving title to it.  Even so, I doubt if there will be any gain to even worry about.

With a living (aka revocable) trust, ownership of the decedent's assets generally transfers immediately to the  beneficiaries (heirs); so I doubt if the property sale would be reported by the estate on a 1041.  That is normally the case for property sales where title hadn't been changed.

When your parent passed away, the cost basis for the heirs for all of her property is stepped up to its fair market value as of the date of death.   There are also provisions in the tax law to use an alternate date, usually six months later.   If the home is being sold shortly after death, as in your case, there wouldn't be any gain because the sale price would be the estate value.  In fact, after accounting for selling costs, there is more likely to be a capital loss.

If the gross value of your parent's estate exceeds the exclusion for the year in which she died, you must file an Estate Tax Return (Form 706) listing everything. This is sometimes even a good idea with smaller estates in order to document values and prevent any future accusations of tax evasion by IRS or the State.  This is a decision that your legal and tax advisors can assist with.

As you can see, there are a lot of details that need to be addressed with the assistance of competent tax and legal advisors.

Good luck.

Kerry Kerstetter

 

- posted by Kerry M. Kerstetter, MBA~CPA~ATP~ATA @ 8/23/2006 10:06:00 PM Send this post: