Legal Question in Real Estate Law in New Hampshire

My grandmother has residency in Florida. (Spends half her time in Mass.) The house she purchased for me and my family is in New Hampshire. We have decided that we would like to sell the property. Can she sell the house and land to me for any given amount to let me deal with the sale and income tax from the sale, or does it have to be sold at or close to fair market value?


Asked on 10/11/09, 4:51 pm

1 Answer from Attorneys

Bruce L. Dorner Dorner Law Office

There are several areas of law that get involved in your situation. She has certain rights to make "gifts," but that impacts her lifetime gift allowance. She can sell it to you, take back a mortgage and then use "gift forgiveness" as a technique to reduce the debt over a period of time with potentially no tax implications. Another area of concern is the "basis" in the house. How will it be valued for tax purposes (federal) when it is transferred. Is there a reason for her to have gain or loss from the sale? Is there a benefit to you to have a higher basis?

In summary, you're going to need tax and legal advice to make an intelligent decision based upon the unique facts and figures of your particular case.

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Answered on 10/17/09, 9:37 am


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