A tax-shelter that eliminates capital gains, recapture taxes, and gives your heirs a nice tax break.
Want to create a tax-shelter that eliminates capital gains, recapture taxes, and gives your heirs a nice tax break?
All you have to do is die.
You may not want to rush to take advantage of this extreme tax strategy but you should know that keeping your home until death, and in a living trust, has distinct advantages. At death, your estate avoids both capital gains and recapture taxes, and passes the home to your heirs at a fair-market stepped-up basis.
Unfortunately may people decide, without advice, to put their heirs on title with them as Joint Tenants. The problem is the heir(s) take over at your tax basis and may have to pay capital gains and recapture taxes when selling the home. Plus if the heirs have creditors they could then attach your home if they obtained a judgment against your heir(s).
The best advice it to get advice.
- Attorney Daniel H. Alexander's blog
- Login to post comments

Office Locations
WatersEdge Building, Chico
901 Bruce Road, Suite 230
Chico, CA 95928
(530) 891-8000 • (800) 530-4529
Fax: (530) 891-8040
(mail all correspondence to Chico Office)
The Fountains, at Roseville
951 Reserve Drive, Suite 100
Roseville, CA 95678
(800) 530-4529
Fax: (530) 891-8040
Historic Sacramento Office
2207 J Street
Sacramento, CA 95816
(800) 530-4529
Fax: (530) 891-8040
Attorney: dan@dalexander.com
Scheduling: paige@dalexander.com
Billing: karrie@dalexander.com



