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quit claim deed verses regular will

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mauilove

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0.10 Dollars($)

PostPosted: Sun Mar 30, 2008 5:58 pm    Post subject: quit claim deed verses regular will

I would like to know which would benefit me more. My father is 86 years old and wants to quit claim his home, which he owns free and clear and pays yearly taxes on) to me now. However, the home is included in his will of which I am the beneficiarty. What are the difference in the tax implications of these once my father is deceased and I want to sell the house?
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Icon Mini Profile sara
sara


Joined: 05 Jul 2006

Posts: 955
Location: New Brunswick, New Jersey


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PostPosted: Sun Mar 30, 2008 10:06 pm    Post subject: RE: quitclaim or Will

Hi Mauilove,

Since the home is included in the Will and you don't want to sell the home right now, there isn't any need for a quitclaim deed. If your father is deceased, you will get ownership rights to the property through the Will and then you can sell it off. The tax implications involve the payment of taxes on capital gains. However, you may not have to pay them if you qualify for the exemptions on capital gains tax .

I hope you're aware of the fact that you may have to probate the Will in order to make it a valid one.

Take Care
 
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Icon Mini Profile larry



Joined: 27 Jun 2007

Posts: 2911



403.68 Dollars($)

PostPosted: Tue Apr 01, 2008 6:04 am    Post subject:

Hi mauilove,

Welcome to the forum.

Sara has given you good info. You will have to probate the will which is a bit costly and time consuming. But you need not to use a quitclaim deed as you name is already there on the will.

Best of luck,
Larry.
 
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Icon Mini Profile jheard
jheard
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Joined: 12 Dec 2007

Posts: 295
Location: Houston, TX


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PostPosted: Tue Apr 01, 2008 7:48 am    Post subject:

Check with an accountant or tax specialist. The issue is complicated.
 
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