Tag Archives: taxes home sale

What is a Will? And do I need one?

A Will is a legal document that provides direction for how a decedent intends to distribute their assets upon their death. Many times, people avoid considering the different options available through probate out of apprehension of thinking about their own death.

When a person dies without a will they are said to have died intestate. The State will then follow the intestacy guidelines governing how to distribute intestate assets to heirs based on relation and bloodline.

Realistically, executing a Will for the disposition of one’s assets is an important part of planning the future of your estate. It is always better to have your intentions memorialized in an executed Will than have the State determine the disposition of your assets. Probate is the process of identifying and gathering the assets of the deceased person, paying their debts, and distributing the assets to his or her beneficiaries.

Many considerations must be made prior to setting forth the distribution of one’s assets following their death, and often times other legal documents are more suitable for particular situations. It is important to discuss your situation with an experienced probate attorney, and determine what is best for you be it a Will or Trust instrument.

If you or a loved have concerns or questions about the future of your estate, call Blick Law Firm today. Schedule a free 15-minute consultation with attorney Michael Blickensderfer at 813-931-0840. Think quick, call Blick!

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Real Estate: IRS rule on excluding gain of home sale

If you have made a capital gain from the sale of your main home, you may be eligible to exclude all or part of the gain from your income. The Internal Revenue Service issued a pamphlet, Publication 523, Selling Your Home, which provides directions, rules, and requirements for filing capital gains when selling your home. The pamphlet gives thorough instructions on how to determine whether or not you qualify for the exclusion.

The general requirements include:

  • The home sold is considered your main home – “main home” is defined in the pamphlet as the home you lived in the majority of the year whether it is a house, condo, cooperative apartment, mobile home, or houseboat.
  • You have lived in the home at least two of the past five years
  • Additionally, you are allowed to exclude up to $250,000 of the gain on the sale of your main home if you file as an individual; or up to $500,000 if filed jointly.

Generally, the income exclusion is allowed if these requirements are met unless: you have excluded the gain from a prior home within two years prior of the current sale; you only sold the land on which your main home is located, but not the house itself, or; you sold the remainder interest in your home to a related person.

If you or a loved has legal concerns regarding the sale of your home call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick.

For more information regarding the IRS Publication 523 visit: www.irs.gov/pub523.

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