Legal Question in Real Estate Law in Maryland

How to add adult daughter to jt tenancy deed

We currently have jt tenancy w/right of survivorship deed. We want to add our adult daughter to the jt tenancy to avoid probate upon our death.


Asked on 8/12/04, 3:13 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: How to add adult daughter to jt tenancy deed

This may not make tax sense. If you give the joint tenancy interest during your life, the basis is what you paid for the property, and unless your daughter will qualify for capital gains exemption, if she sells it she will have to pay tax on the gain. If she inherits it, the tax basis is stepped up to the value at the time of your death, and the gain during your life is not taxable. In any event, get estate planning/tax advice before doing this.

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Answered on 8/12/04, 11:41 pm


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