Q: My dad's house was put in my brother's and my name before he died. My brother called a realtor to sell it without me
Then brought me papers to sign .I noticed on one of the papers that it is listed as my father's estate with my brother as executor. I asked him why and he said it just came up like this. Should I be concerned? If the house was put in our names before our dad died is it considered part of his estate still? And what difference does this make when selling it?
A: If a deed was recorded, transferring ownership to you and your brother, you and your brother are the owners, and any listing agreement or agreement of sale should be with you and your brother, not the Executor, as your father no longer owned the property at the time of his death. However, if the property was transferred to you and your brother within one year of your father's death, there is a "look-back" and inheritance tax would nonetheless be owing on the value of the house.
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