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How long does quit claim deed have to be in effect to avoid inheritance tax in Indiana?

Rochester, IN |

mother is very sick and family wants to quit claim deed to daughter before mom passes.

Attorney Answers 2


You should not do anything until you have spoken with an estate planning attorney. I am not an estate planning attorney. However, it is most unlikely you can simply make said transfer and avoid inheritance taxes. The IRS does not like people skirting the rules, and it is very likely that there is a lookback period for transfers such as you propose. What this means is that the IRS, most likely, would review any transfers made from the decedent's property that occurred within some specified period prior to death.

Furthermore, if the transfer is made prior to death, the transfer may very well be subject to gift tax. Also, as a gift, the transferee would take the transferor's basis in the property, and when sold, tax would need to be paid on the gain. Whereas if the property is received via inheritance, the beneficiary would receive a "stepped up" basis in the property, and, as such, would be able to sell the property and pay no tax on gain.

Hope this helps, but please speak to an estate attorney before you do anything. Good luck to you.

Fred Amos provides legal representation in Wake County, North Carolina. Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances. Free consultation and flexible payment plans for DWI's. Call 919-803-7208.

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There is also an issue if your mother is receiving medicare/medicaid benefits. The government may look at the transfer as an attempt to avoid payment of a lien for benefits received by your mother.

You should consult with an estates attorney.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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