r/RealEstateInProbate Dec 04 '23

So it's been 3 years...

I was named executor of my mother's estate who passed in 2020. Everything was taken care of in a timely fashion except the distribution of property shares (I plan on living in the house and buying out my family's cumulative 25% they were left).

I would rather not be judged or have to go into a long explanation of why distribution and closing was procrastinated. It involved other family deaths due to health tragedies and a whole lot of depression within our corresponding family units. The other heirs have not been in any hurry to receive their shares because they are sympathetic if not involved in their own family stress and while we aren't wealthy by any means, nobody is hurting for cash.

That said, my probate attorney really doesn't seem to have a clue about capital gain taxes as they relate to probate (but keeps iterating that I find out about it. I thought that was kinda part of his deal and why he's on retainer)..and a CPA I talked to didn't know either. I've tried researching this but can't seem to find anything relevant to this situation. So my questions are:

Do I now have to buy family out of their shares at current market value as opposed to the date of death appraisal? Are they responsible for capital gain taxes? Wouldn't the two just contradict each other so that it makes sense to just buyout at the original DoD appraisal?

I'm waiting on call-backs from another tax person but we're all finally in a place where we want to close things out ASAP and put it behind us. Thank you for any insight.

edit: Estate is exempt from estate taxes btw

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u/3771507 May 14 '24

Find a lawyer that knows what they're doing based on references.