My siblings and I all own houses and my parents are planning on moving from their current house. My parents would give a sibling with a house their house, which means that sibling would have two houses. This would enable that sibling to sell their current home and move into my parent's house. |
This is why you need to appeal to your sister’s greed. Doing it this way is actually quite stupid from her perspective. Assuming your parent’s basis is quite low, the basis change alone (vs. inheritance) could mean paying capital gains on millions when she sells. Any good estate lawyer will try to talk your parents out of doing it this way. IME, a good lawyer will also try to suggest doing it in a way that is fair to all the siblings. |
My spouse is in a similar situation as you and I think that's a pretty different situation from the one that I'm describing and wouldn't be something that would bother me. It's the large transference of an asset to one sibling and not to other siblings with no real discussion and the framing of that as equitable, when it's obviously not, that bothers me. |
Thank you for pointing this out! I have no idea what basis is. Can you explain further? |
Well there you have it. Sibling sells current house and has proceeds for a down payment on your parent's house. Your parents take back a mortgage at a fair market rate (actually required to avoid gifting implications). Your sibling gets family house she may be attached to, but no other sibling is worse off. |
Meant to add even better if your parents simply sell the house to your sister and she gets a mortgage from a bank (if she can qualify). |
I agree that this would be ideal, but the house is way outside of my siblings budget. There's no way my sibling could afford the mortgage and taxes on the house. To put it into perspective, the house is worth about $3M and my siblings current home is worth about $700K. No idea what my siblings taxes are, but taxes on the house are probably around $30K. |
*sibling's |
| What happens if your parents give your sister the house and then spend all of their money on health care or a bad investment? I think the fair thing to do would be to let your sister live in the house (and sell her own house) and pay you and your brother rent in the amount of a mortgage for your share of the sale proceeds. At the end of the mortgage period she would own the house outright or she could buy you out for cash when your parents die and title transfers to her. |
Why is OP greedy? Fairness and wanting equal distribution is not greed. If anything, sibling is greedy. Obviously the parents can do what they want with their money, but if they want to avoid resentment and conflict and estrangement, they would be wise to come up with a plan for equal distribution. Talking to an estate lawyer may be warranted. |
| Where are your parents moving and how far away will each sibling be living from them? |
| Do your parents have an emotional tie to the house and a want to keep it in the family? When did they move into the house? |
Excellent points. In your shoes, OP, I would schedule a time to talk to your parents and make the following points as dispassionately as you can: 1. Recognizing that we’re talking about your assets and you have an absolute right to do with them what you want, have you thought through what this transfer would do to family dynamics? Any way you look at it, you would be giving one and only one sibling a massive windfall and quality of life upgrade. I can’t tell you that I’ll be able to carry on the way we always have in the face of that kind of favoritism. I would definitely try because I love you and know your intentions are good, but what you are proposing is hurtful to the rest of us. 2. If you decide to move ahead with this, I’d recommend you contact an estate or tax expert, because my understanding is that a gift, rather than an inheritance, could lead to significant unwanted tax liability [for reasons mentioned by smart PP above]. |
| Parents should divide estates equally among children unless one child could never handle money (like is a compulsive gambler). All the people saying parents can do what they want - that is true. But if you favor one child in your estate then you are basically dropping a bomb on the family and giving the other siblings the middle finger. Why would parents make estate division a source of causing hurt in the family? |
Whether you let this be destructive to your relationship with your sibling or your parent is ENTIRELY within your control. The house transfer situation is out of your control, but you can choose whether you let this impact how you feel about your family members. Another option would be to feel blessed that you have family wealth, regardless of how much eventually passes to you vs. other siblings. |