My dad bought sis a house, his name-her name on deed-he died- would he be responsible for unpaid taxes??

Question

My Dad passed away unfortantely. He purchased a home for my sister but left his name on deed to house, in that if he passed away, she keep the house. Well now she has not paid taxes on this house....HIS house was sold and is being split umungst his children. Does my father have anything to do with HER house, or does that end the day he passes away? His name is still on her house, but he is deceassed???

Thank you very much for your help!!

Answer 1

If  both names were on the deed as joint tenants (with right of survivorship), and not as tenants in common, then the surviving person automatically owns the entire deed upon the death of the other joint tenant, and probate has nothing to do with it because the house does not belong to the estate. She may want to clear up the title by filing a new deed (to herself alone, or to herself jointly with another relative), along with a copy of the death certificate, but this isn't necessary in all jurisdictions.  By passing property from one joint tenant to another, then deeding it to a new set of joint tenants, probate of the house can be avoided indefinitely.

Also, to contradict what another poster stated, there is no federal tax upon ANY property received as a gift, although the estate may have to pay taxes if the gift is not exempt (to spouse or charity) and it exceeds the donor's lifetime exemption of over a million dollars (the amount of which changes each year).

Answer 2

I am sorry to hear of your father's passing.  My prayers are with you and your family.

Yes.  Your father is considered to have an estate.  You did not specify whether he had a will or not.  However, in a case like this if a will is or is not present it must go to probate court and an executor must be named if a beneficiary or executor was not named in a will.

The beneficiary/executor is responsible for collecting all of your father's assets and distribute any debts of the estate and the remainder of the estate is divided amongst the beneficiaries as designated by the will or your father's wishes.

If you would like further information you can email me or if you prefer list additional details under your question and I will be more than happy to clarify my answer.

Best wishes.

Answer 3

The tax man will go after the living person on the deed-your sis. If there were no living people on it-they would go after your fathers estate-