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Deeded Property Versus Inherited Property

REM # A765

By Ilyce R. Glink

Summary: A ThinkGlink reader is planning on inheriting his parents' farm. He would like to have it deeded to him now to avoid a conflict with his family over the will. Ilyce explains that from a tax perspective, inheriting a property is the best plan.

Q: My parents live on a farm in Missouri and want to give it to me. I understand the tax implications are better if I inherit it rather than have it deeded to me.
 

But I have a deceased brother who left two children and an addict sister who may try to break the will if I inherit the farm without them. In this instance, is it better to have it deeded to me than inherit it and chance the wrath of my relatives?

A: Your relatives are going to be mad either way. What I don't understand is why you're trying to cut out your dead brother's two children. Shouldn't they inherit something from their grandparents?

You can accomplish what you're trying to accomplish with a trust and a will. The tax implications will be much better than gifting you the property now. Have your parents work with an estate attorney who knows what he or she is doing and please encourage them to write a letter to your sister and their grandchildren explaining their actions.

NOTE: This column is distributed by Real Estate Matters Syndicate, PO Box 366, Glencoe, Illinois, 60022. This column may not be resold, reprinted, resyndicated or redistributed without written permission from the publisher.

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Ilyce
Ilyce

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