Expert, localized Los Angeles answers provided by Heather Roy

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Mother in Financial Bind

  My mother was in a financial bind, unable to make her loan payments, and so she came to me looking for help. I was unable to do so, but I later learned that she went to my younger brother and subsequently signed over her house to him. He has now taken over the loan payments while my mother lives in her home.

I can't believe my mother did that! What are the legal repercussions of such a transaction? What is the tax liability regarding capitol gain for my brother should he decide to sell?
 
 

If your mother decides to sell, or your brother does, he will owe capital gains tax and his profit will be figured from your mother's cost basis, which he took over along with the house. She had every legal right to do that, if she wanted to. That's about all I can tell you.

    Edith
Originally published on April 21, 2007
 
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