In his will my father left his estate (real property) to his children. The deed remains in my fathers name as it has not (yet) been conveyed to us(as tenants in common) via an Executors deed. What are the tax ramifications of conveying as tenants in common? Are there any ramifications of not doing so?
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executor deeds and tax
For a simple, short question, this may be a complicated answer.
First, you don't need a deed to vest ownership of the property in you. When your father died and his will was filed in Court and allowed You became the owner of the land and buildings, subject to the right of the executor to mortgage or sell the property for debts and expenses of the estate. Assuming it doesn't need to be sold to pay the bills in the first year, then title is in you and the other heirs. You don't need an executor's deed, although putting one on record does make it a little cleaner and easier and also reminds you to put the tax documents on record showing there is no tax owing on your fathers death. To clear this up you need to file an affidavit of no tax due. Ask the attorney handling the estate and he will prepare it for you.
Second. If the value of your fathers estate is under one million dollars (if he died in recent years) then there is no estate (inheritance tax due).
Third, when you receive it, your tax basis is the value the property had at your fathers death. For Mass DOR they consider the assessed value to be the primary indication of value, unless you can prove differently. SO your basis will be the real estate tax assessment of the town where the land lies. If you sell the property you will not have to pay capital gains tax on the proceeds up to that amount. Over that amount, you may have to pay. Hopefully that helps answer some of the questions raised
Attorney Kevin Gaughen Sr.