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After selling property you inherited does the Monday you get considered inheritance?

Whittier, CA |

A family member sold a house they inherited. They are saying they need to put it in the family trust because it's an inheritance. Is that true?

Attorney Answers 4


  1. They do not need to put it in a family trust because it is an inheritance, but if they want to avoid probate, a trust is advisable.


  2. Hello,

    Please note that once an individual gets an inheritance they are free to do with it as they wish -- there are no other requirements, but there may be tax considerations.


  3. I'm a little confused by the question. If the family member inherited the house, then he or she can sell it. If the family member is the trustee of an existing trust that the family member is administering on behalf of the trust beneficiaries, then the the proceeds from sale are a trust asset.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mrs. Cook is licensed to practice law throughout the state of California with offices in San Diego County. She is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.


  4. Agree with colleagues. Money received from sale of house is inheritance of individuals who receive the money. Trust may/may not be adviseable. Generally, trust not required unless a specific reason for the trust. I need more facts to competently answer.

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