Lakeland, FL asked in Estate Planning, Family Law and Tax Law for Florida

Q: My husband has inherited a house in Tennessee. We have a question about inheritence tax.

The deed to the house is in just my husband and his step-dads name. However there are 4 more siblings. The step dads will states that the house is to be sold and split 5 ways. Will my husband be soley responsible for any taxes due or fees since he is the only one on the deed?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: It appears that you husband and his step-father each have half interest in the property. So what do you mean when you indicate that your husband is the "only one on the deed"; has the step-father died? If the will is admitted to probate, one would expect that the step-father's half interest would be sold and the proceeds divided five ways. It would probably sell for a better total price of your husband would agree to sell his half interest as well.

In any event, about inheritance tax payable to Tennessee, you should ask your question in the Tennessee portion of this forum, but one would assume that he would only be responsible for tax on half the value of the property.

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