Legal Question in Tax Law in California

Gift and Capital Appreciation

Dad bought house in 1984.

Put me on as joint tenant in 1993, it is my

primary residence.

Dad passed away intestate in 2004.

Changed title to me later in the year.

If I sell, are there gift tax considerations?

Are capital gains figured from his original purchase



Asked on 9/21/04, 7:01 pm

2 Answers from Attorneys

Joel Selik

Re: Gift and Capital Appreciation

You will have avoided taxes on 1/2 of the property but not on all as if it had been in his name alone.


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Answered on 9/22/04, 10:15 am
Scott Linden Scott H. Linden, Esq.

Re: Gift and Capital Appreciation

It depends...

If you file a Parent to Chilt transfer then you can avoid any transfer tax or steps up in basis. At the sale there is capital gains considerations, as there always is, but if you reinvest in a different primary residence many of these taxes can also be avoided.

Our firm would be happy to assist you with the preparation and filing of the documentation, we have over 25 years experience with estate planning.

Please feel free to contact me at 626-578-0708 or through our firm's site at The site will also provide you with some forms and additional information about the Probate and small estate processes.


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Answered on 9/22/04, 2:31 pm

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