Birmingham, AL asked in Estate Planning, Real Estate Law, Tax Law and Probate for Alabama

Q: My grandmother deeded her home to my uncle and is still living but in a nursing home. The home was sold and the money

and the money split between he and my mother. His name was the only one on both the deed to home and the ALTA statement and she wasn’t given a 1099. The money was split at the title office and deposited directly into the two separate accounts. How would she need to file this on her taxes? Won’t he be the one liable for the capital gains since he was on the deed?

1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: You wrote that your grandmother deeded her home to your uncle, but it sounds like she did not deed 100%. If she deeded to him a co-tenancy or joint tenancy interest, that would explain why the proceeds were divided between them. However, because of the inconsistencies in the facts given, and due to other missing facts, your question cannot be answered. Your grandmother and your uncle should contact a CPA for assistance.

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