Michael Shaw
New Member
- Jurisdiction
- Utah
My mother helped my wife and I purchase a house under her name. We've been living in it without her for over 5 years. She passed and never put it in writing that the house will be ours. I have messages from her stating "I be at your house later" and others similar. I also have the realtor we used who is her friend that is willing to testify that she said the purpose of the house was for my wife and I to have a home and it will be ours, etc.
I have 3 brothers and the one is stating that we have to split it 4 ways and sell it. He believes that the 3 of them will be taxed if the entire house goes to me, claiming inheritance tax. I have shown him several sites that say UT doesn't have an inherentance tax and it's not worth enough to be taxed federally. Basically blowing his reason as to why he should get a share of my house out of the water. He then stated there will be a gift tax.
As far as I know, correct me if I'm wrong, when the estate goes into probate, we can agree to divide it up anyway we want, 4 ways. We are not required to split 4 ways then readjust how it is split. This would avoid any gift tax.
So... Do I have enough or a way I can prove the house is mine according to my mother's wishes? Is my assumption of how the probate works accurate and we won't have inheritance or gift tax to worry about?
I have 3 brothers and the one is stating that we have to split it 4 ways and sell it. He believes that the 3 of them will be taxed if the entire house goes to me, claiming inheritance tax. I have shown him several sites that say UT doesn't have an inherentance tax and it's not worth enough to be taxed federally. Basically blowing his reason as to why he should get a share of my house out of the water. He then stated there will be a gift tax.
As far as I know, correct me if I'm wrong, when the estate goes into probate, we can agree to divide it up anyway we want, 4 ways. We are not required to split 4 ways then readjust how it is split. This would avoid any gift tax.
So... Do I have enough or a way I can prove the house is mine according to my mother's wishes? Is my assumption of how the probate works accurate and we won't have inheritance or gift tax to worry about?