Legal Question in Wills and Trusts in Florida

My wifes father wants to give my wife a condo that he owns free and clear in Florida. What is the best way to do this without having to pay any taxes?


Asked on 8/15/09, 10:29 am

1 Answer from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

If he wants to transfer it before his death, he would use a deed, preferably a warranty deed. As far as taxes, unless he has a very large estate (in excess of $3.5 million), it is unlikely that there would be any taxes payable - gift, estate, or income. However, she would take his cost basis in the condo (usually what he paid for it) for capital gains purposes - meaning if she sells it she will pay capital gains tax on any amount received in excess of her dad's cost basis. Talk to an attorney about preparing the deed and he can answer the question as to taxes.

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Answered on 8/16/09, 10:18 pm


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