Wallkill, NY asked in Estate Planning and Real Estate Law for New York

Q: I want to sell my daughter my house for a lot less than it's value. What kind of lawyer do I need for this type of sale?

Want to just give her the home without her buying it to save on closing cost. House is valued at $400,000.00, If I sell it to her for $200,000.00 is there any tax laws that might come up? Where do I start? I plan on paying off the very low mortgage that I have and giving her the rest of the mortgage money back to roof and side the house.

2nd part of question:

I understand if I deed her the home and I have something happen to me they can take the house to pay medical bills. This is what I'm trying to avoid.

2 Lawyer Answers
Inna Fershteyn
Inna Fershteyn
Answered
  • Estate Planning Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: May I ask why are you selling it at all and not passing to her in a trust? Is there any financial benefit involved?

If your basis for the house is very low maybe it's better to do some estate planning first?

When you do a sale transaction there are lots of fees involoved from both sides especially if there is a mortgage.

Why don't you get a consultation with estate attorney first before proceeding?

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859

www.BrooklynTrustandWill.com

6 users found this answer helpful

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: You can just deed it to her, and then she can get an equity line to pay you. Or, you can structure it as a sale, and she can get a mortgage to purchase it. The first option is easier. From the legal side, recording a deed is inexpensive. If it is a closing with a purchase money mortgage, then the fee is like any closing.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.