Why that deed of gift could be a ticking tax time bomb

Vested Partners A Multi-Family Office Blog

The transfer of real estate to a family member by gift means they take your tax basis in the property which can lead to a big capital gains tax liability later for the person receiving the property.

Last week I met with siblings, one of whom wanted to give real estate to the other. They requested we prepare a deed of gift from one to the other. Transfers of real estate among family members occurs with some frequency. Parents give land to a child during lifetime, for example. However, STOP!  RECONSIDER how you structure this transaction. The transfer of real estate to a family member by gift means they take your tax basis in the property which can lead to a big capital gains tax liability later for the person receiving the property.

Let’s say Father inherited farm land in 1980 from his father who acquired the property in 1950 for $15,000. Father now wants to give the land to his own Son.  The property is now worth $185,000.  If Father gives the land to Son, Son takes the Father’s inherited tax basis of $15,000. This is also known as “carryover basis.” If Son later sells the land for $250,000, his gain will be $250,000 minus $15,000, or $235,000.  That’s a big gain.

If instead of giving the property to Son outright, Father had left the property to his son in his will or revocable trust, the son would have gotten a step up in the tax basis to the value of the land as of the date of Father’s death.  If Son later sells the land, he only pays capital gains tax on the difference between the sales price, and the value of the property as of the date of Father’s death.

Other ways of transferring the land to Son without creating a capital gains tax problem include doing a “transfer on death” deed or a deed of gift to the son while retaining a life estate.

For my clients today, we discussed the capital gains tax implications of an outright deed of gift, and the clients chose to go a different route.  Tax time bomb averted!

–Robyn

Client Success Stories

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Amy Meacham
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Hunter Wimmer
March 27, 2026.
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[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").
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Ann Hawley
February 19, 2026.
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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.
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Jeff Martin
February 6, 2026.
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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.
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Cris Flippen
October 17, 2025.
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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.
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LISA K. Taylor
August 29, 2025.
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Robyn and her team at Vested Partners did an excellent job for us. We enjoyed working with them and would highly recommend her.
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Melissa Howell
April 17, 2025.
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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
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Terri Hancock
April 1, 2025.
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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.
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Sue Seaman
February 20, 2025.
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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

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