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Educational content only. Not legal, financial, tax, or medical advice. Plan Your Passing is not a law firm and no attorney-client relationship is created here. Estate, probate, tax, and inheritance laws differ by country, state, and county. You are responsible for confirming what applies to you. Always consult a licensed attorney in your jurisdiction before acting on anything you read or generate on this site.

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Real estate

We inherited a house

The house is almost always the most emotionally charged asset in an estate — and the most complex. Here is every option explained by a licensed realtor who has seen all of them play out.

Written by a licensed realtor — 15 years experience

Before you decide anything

Check for a Medicaid lien, a reverse mortgage, or any other encumbrances on the property title before making any decisions. A title search costs $150–$300 and can save you from a very expensive surprise. Do this first.

Your options

What you can do with inherited property

Sell the property

Most common

Advantages

  • +Converts an illiquid asset to cash immediately
  • +Ends ongoing carrying costs (taxes, insurance, maintenance)
  • +Eliminates future disagreements about the property
  • +Step-up in basis often means little or no capital gains tax

Watch out for

  • Emotionally the hardest — selling the family home feels final
  • Market timing may not be ideal
  • If multiple heirs disagree, the sale process can be contentious
Best when: When heirs need cash, live far from the property, or cannot agree on any other option.

Keep and rent it

Income option

Advantages

  • +Generates monthly income split among heirs
  • +Property appreciation continues to benefit the family
  • +Preserves the property if emotional attachment is high

Watch out for

  • Requires an agreement on management responsibilities
  • Landlord headaches (maintenance, tenants, vacancies)
  • One heir often ends up doing all the work
  • If heirs fall out, a co-owned rental property is difficult to exit
Best when: When heirs are aligned, property is in a strong rental market, and one heir is willing to manage it.

One heir buys out the others

Clean exit

Advantages

  • +Other heirs get cash; one heir gets the property
  • +Cleanest resolution — no ongoing co-ownership
  • +Can be done with a private loan or mortgage

Watch out for

  • Buyout price must be fair market value (get an appraisal)
  • The buying heir needs financing or cash
  • Family dynamics can complicate price negotiations
Best when: When one heir genuinely wants the property and has the means to buy out the others at fair market value.

Keep it in the family

Emotional choice

Advantages

  • +Preserves sentimental connection to the family home
  • +Can be a vacation property shared among heirs

Watch out for

  • Co-ownership without clear agreements creates conflict over time
  • Carrying costs continue indefinitely
  • Exit becomes complicated if any heir later wants out
Best when: Only when heirs are closely aligned, have a written co-ownership agreement, and have a clear exit mechanism if someone wants out.
Tax considerations

What you need to know about taxes

Most families leave significant money on the table because they do not understand how inherited property is taxed. Here are the four things that matter most.

Step-up in basis

When you inherit property, your cost basis is stepped up to the fair market value at the date of death. This means if the house was worth $400K when inherited and you sell it for $415K, you only owe capital gains on $15K — not on a lifetime of appreciation.

Estate tax vs. inheritance tax

Estate tax is paid by the estate before assets are distributed. Inheritance tax is paid by the recipient. Most states have neither. As of 2024, only 17 states plus DC have estate or inheritance taxes. Check your state.

Selling the primary residence

If a beneficiary moves into the inherited home and lives there 2 of the next 5 years, they may qualify for the $250K/$500K primary residence exclusion — in addition to the step-up in basis.

Medicaid estate recovery

If the deceased received Medicaid benefits, the state may have a lien on the property. This is called Medicaid estate recovery and catches families completely off guard. Check for this before any other decisions.

Important legal notice

Plan Your Passing is not a law firm. The information on this site is for general educational purposes only and does not constitute legal, financial, tax, medical, or professional advice. No attorney-client relationship is created by reading this site or using any tool on it. Estate, probate, tax, and inheritance laws differ by country, state, province, county, and individual circumstance, and they change over time. You are solely responsible for confirming the laws that apply to you. Always consult a licensed attorney in your jurisdiction before making any legal, financial, or tax decision regarding wills, trusts, beneficiaries, probate, real estate transfers, gifts, or end-of-life directives. The author, operators, and affiliates of this site disclaim all liability for actions taken or not taken based on its contents.

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