Capital Gains Tax Trap for Generous Parents

Vested Partners A Multi-Family Office Blog

Well-meaning, generous parents can create capital gains tax problems by making certain types of gifts

Recently we met with a new client to discuss a gift of real estate from a parent to his daughter.  The property was purchased by the grandfather in 1970, and passed to the father in the 1990’s by deed of gift.  Father now proposes to deed the property to his daughter and her husband.

Two immediate issues came to mind.  Taxes and divorce.

First, if dad deeds the property to his daughter now instead of letting it pass to her after his death under the terms of his will, his daughter will take her father’s tax basis in the property.  In tax lingo, that’s called a “carryover basis.”  Since the property was originally purchased in 1970, then passed to dad by lifetime gift, dad’s basis in the property is the value of the real estate in 1970.  That means if he gives it to daughter now, her basis in the property will also be the 1970 value.  If she sells it, she will pay capital gains tax on the difference between the sales price and the value of the real estate in 1970.  Yikes.

How to address this?  If dad waits and leaves the property to his daughter in his will or trust, daughter will get a step up in the basis to the value of the property on the date of dad’s death.  Or, dad could also transfer the property to his daughter and retain a life estate.  If dad has a life estate, it means he is still an owner of the property, but all of his rights are extinguished when he dies, and daughter becomes the sole owner.  The IRS permits a step up in the basis of property when the life estate owner dies because the life estate owner retained a certain amount of control and ownership of the property during his lifetime.

The other issue that I addressed was whether dad should deed the property to daughter and husband or just to daughter.  In Virginia, a gift to a person remains that person’s separate property in the context of family law (ie. divorce).  Therefore, if dad deeds the property to daughter only, the property is not subject to division (sharing with husband) in the event of divorce.  We strongly recommend that when a person receives a gift or inheritance, that they not add their spouse to the title of the property – whether it’s real estate or cash in the bank or investments.  The best way to proceed is to make the gift to the daughter only.

 

 

Client Success Stories

Posted on Google
Amy Meacham
May 5, 2026.
Google star 1Google star 2Google star 3Google star 4Google star 5
Very professional and knowledgeable.
Posted on Google
Hunter Wimmer
March 27, 2026.
Google star 1Google star 2Google star 3Google star 4Google star 5
[Financial folks have commented on how comprehensive and succinct my mom's estate package was. Her estate was settled in less than 4 months after her death] ... Robyn and her crew made this process incredibly easy. The documentation they drew up (will, trust, POA, and AMD) was very easy to understand as a layperson and very easy to execute — especially the will part (tip: have one person be the executor and trustee – and have them handle all of the personal effects/cars/jewelry. Robyn will explain). They were also available "after the sale" to help me through the process of settling the estate with very actionable and practical advice that saved me heartache and headache. They have a no-nonsense and very "real" way of constructing language that is clear and purposeful without the bloviated lawyer tone. On the flip side, my father in Florida paid half as much but I've had to pay other lawyers 20X as much to sort through the mess he left... and they can turn 12 words into 250 and charge you double for each vowel. Do it right the first time, because you don't get a do-over with this stuff. If you're looking for a comprehensive, simple, supportive estate-package, Robyn is the person to turn to. If you hate your kids and want to inflict pain after your death, prompting your kids to burn photos of you, I've got a guy in Vero Beach, FL you can call (rhymes with "dawn").
Posted on Google
Ann Hawley
February 19, 2026.
Google star 1Google star 2Google star 3Google star 4Google star 5
Having been unaccustomed to working with attorneys, I was a little apprehensive on my first meeting with Robyn Smith Ellis and her staff. They all made me very comfortable and at ease. Robyn was quick to understand the reason for my visit, and did some research we both could see on her big screen. She would need to obtain some information from the Courts before we meet again. I also needed to set up my will, POA and other estate papers. These were ready to peruse, make any necessary updates and sign at my next visit, along with the main reason for my initial visit. I would recommend Robyn Smith Ellis and her competent team for any need you may have, Elder law, family or business.
Posted on Google
Jeff Martin
February 6, 2026.
Google star 1Google star 2Google star 3Google star 4Google star 5
I am very thankful to Vested Partners for helping me process my will. They were very kind and easy to work with! I would recommend them to anyone.
Posted on Google
Cris Flippen
October 17, 2025.
Google star 1Google star 2Google star 3Google star 4Google star 5
My husband and I are very pleased with the services received from Robin Ellis and Vested Partners. Everything was very clear and all of our questions were answered in a personal and professional manner. We have a peace of mind that our adult children and grandchildren will have minimal issues settling our estate after our departures.
Posted on Google
LISA K. Taylor
August 29, 2025.
Google star 1Google star 2Google star 3Google star 4Google star 5
Robyn and her team at Vested Partners did an excellent job for us. We enjoyed working with them and would highly recommend her.
Posted on Google
Melissa Howell
April 17, 2025.
Google star 1Google star 2Google star 3Google star 4Google star 5
Robyn has been incredibly helpful in helping me deal with my wife’s estate. She helped me figure out whether or not to sue the hospital, and provided essential information that not only eased my anxiety, but helped me financially. I am very grateful to her and her firm. M. Howell
Posted on Google
Terri Hancock
April 1, 2025.
Google star 1Google star 2Google star 3Google star 4Google star 5
Robyn Ellis is a nice person to work with.She was very informative and she answered all of our questions and took time with us to do that. I definitely would recommend her.
Posted on Google
Sue Seaman
February 20, 2025.
Google star 1Google star 2Google star 3Google star 4Google star 5
Vested Partners was recommended to us by our daughter, We had no idea how to begin planning for our future, Robyn provided expert advice to help us decide what was best for our family. She and her staff were professional and worked to put our plan together in a timely manner and at a reasonable cost. Thank you for your support! The Seaman's

Join Our eNewsletter