When you are terminally ill, estate planning tasks suddenly fly to the top of your to-do list.
As you prepare for what happens after you’re gone, it’s natural to want to do everything you can for your heirs. But in trying to make life easier for loved ones, you could inadvertently cost them if you don’t understand how your decisions affect things like taxes.
Let’s say, for example, that Carissa bought her condo many years ago. Thanks to rapidly appreciating property values, it’s now worth $1 million, which is $500,000 more than she paid for it.
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Carissa is thinking about selling sooner rather than later so she can pay the capital gains taxes she expects to owe, rather than saddling her son with the bill when she dies. Capital gains taxes are taxes typically paid when you profit from an asset.
So, should Carissa sell the property, or is there another solution? Lawyers have a warning for Carissa to read before she acts.
Selling a property before a death could be a major mistake
While Carissa’s heart is in the right place, selling the property now could be a huge financial mistake that costs her son a fortune.
“For most families, selling first to ‘take care of the capital gains tax’ gets it backward,” Lisa McCurdy, founder and managing partner of The Wealth Counselor, LLC, an estate and asset protection law firm, told Moneywise.
“When you sell during your lifetime, you pay tax on the gain. When your child inherits the home, the tax basis generally steps up to its value at your date of death. That can erase decades of appreciation. If your child sells soon after, there may be little or no capital gains tax at all,” McCurdy explained.
So, how does this play out exactly? As Haleh Moddasser, a CPA and senior wealth advisor at Hightower Signature Wealth, explained to Moneywise, “The step-up in basis means that the home your child now owns will be treated as though he acquired it at the current market value on your date of death.”
If Carissa passes when her home is worth $1 million, her son will be treated as if he’d bought it for $1 million instead of the $500,000 Carissa paid. If he sells it a month later for $1 million, he has no taxable gains at all.
“This is a substantial savings depending on the size of the gain within the home,” said Moddasser.
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Carissa needs to look at the big picture
While selling the house during her lifetime won’t save her son money, this doesn’t mean Carissa must avoid putting the home on the market.
“The parent’s care, housing, and financial security should play heavily into a decision to sell,” Kerri Koen, an estate planning attorney and cofounder of Modern Legacy Law Group, told Moneywise.
Tiffany A. O’Connell, CEO and founding partner of O’Connell Law, agrees, explaining to Moneywise that “taxes should not be the only factor. If selling now would provide money for care, reduce stress, or improve quality of life, it may be the right decision. But if the goal is simply to avoid capital gains taxes, families should get advice before acting.”
The good news is that if Carissa ends up needing the home to pay for her care, she won’t necessarily be stuck with a huge capital gains tax bill on the entire amount.
“If the home is your primary residence, you may be able to exclude up to $250,000 of gain, or $500,000 for a married couple,” said McCurdy. “That helps.”
While McCurdy explained that “for a home that has appreciated significantly, the step-up at death is often the more powerful tool,” Carissa can likely exclude much of the gain if she needs to sell the home to cope with the costs of her illness.
Her son should still likely inherit a hefty sum given how much the condo is worth — and he’ll hopefully agree his mom’s health is the most important thing to focus on now anyway.
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Christy Bieber is a US based personal finance and legal writer who has 15 years of experience. She has written for many publications including Forbes, Kilplinger, CNN, WSJ, Credit Karma, Insurify and more.
