Can I Put My House In My Children’s Name To Avoid Inheritance Tax In NYC?

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Can I Put My House In My Children’s Name To Avoid Inheritance Tax In NYC?

In the realm of estate planning, one question that often arises is whether you can transfer your house into your children’s name to avoid inheritance tax in New York City potentially. It’s a common concern, given the desire to protect family assets and minimize tax liability. However, this matter is more complex than it may seem, and at Morgan Legal Group in New York City, we understand the importance of providing clear guidance on this topic. In this comprehensive guide, we’ll explore the implications and considerations of transferring your house to your children’s name in NYC, focusing on potential inheritance tax benefits.

The Desire to Minimize Inheritance Tax

New York, like many states, imposes an inheritance tax on the transfer of assets from deceased individuals to their beneficiaries. This tax is intended to generate revenue for the state but can also create a financial burden on those who inherit assets. It’s natural for individuals to seek ways to minimize or avoid these taxes while preserving their hard-earned wealth for their loved ones.

Transferring Your House to Your Children’s Name

One common approach that individuals consider is transferring their primary residence or other real estate to their children’s names to avoid inheritance tax. The idea behind this is to remove the property from the deceased person’s estate, thereby reducing the taxable assets subject to inheritance tax.

However, there are several crucial factors to consider when contemplating such a transfer:

1. Gift Tax Implications

Transferring real estate to your children is generally considered a gift. While gifts between family members are common and often exempt from federal gift tax, there are specific rules and limits. In New York, there is no state gift tax, but the federal gift tax may still apply if the value of the gift exceeds the annual exclusion limit, which can change from year to year. As of 2023, the federal annual exclusion limit is $16,000 per person. If your gift exceeds this limit, it must be reported to the Internal Revenue Service (IRS), and it will count against your lifetime gift tax exemption, which is substantial but not unlimited.

2. Capital Gains Tax

Transferring real estate to your children’s name may affect capital gains tax. When you gift property, the recipient generally takes over your cost basis in the property. If your children decide to sell the property later, they may be subject to capital gains tax on the appreciation in value since the property was initially acquired. This could potentially result in higher taxes for them compared to if they had inherited the property through your estate, as inherited property typically receives a “step-up” in basis to its current fair market value, reducing capital gains tax liability.

3. Loss of Control

Transferring your property to your children’s names means relinquishing control over the property. While this may not be an issue for some, it’s important to consider that your children will have legal ownership and decision-making authority over the property. This may affect your ability to make changes, sell the property, or use it as collateral for loans without your consent.

Alternatives for Minimizing Inheritance Tax

While transferring your house to your children’s name may not be the ideal solution for minimizing inheritance tax, alternative strategies can be more effective. These strategies can help reduce the tax burden on your estate while still maintaining control and flexibility over your assets:

1. Establishing a Trust

Creating an irrevocable trust, such as a Qualified Personal Residence Trust (QPRT), can effectively remove your primary residence from your taxable estate while retaining some control over the property. QPRTs, for example, allow you to continue residing in the property for a specific term while ensuring that it ultimately passes to your chosen beneficiaries with reduced or no inheritance tax liability.

2. Annual Exclusion Gifting

You can make gifts up to the annual exclusion limit each year to your children or other beneficiaries without incurring federal gift tax or impacting your lifetime gift tax exemption. By making regular gifts over time, you can gradually transfer assets out of your estate, reducing the taxable value of your estate.

3. Estate Tax Planning

Working with an experienced estate planning attorney can help you develop a comprehensive estate tax plan. Strategies may include maximizing applicable deductions, leveraging marital deductions, and exploring options to minimize estate tax liability while preserving your assets for your loved ones.


While the desire to minimize inheritance tax in New York is understandable, transferring your house to your children’s name may not be the most effective or beneficial approach. It’s essential to consider the gift tax implications, potential capital gains tax, and the loss of control that comes with such transfers. Exploring alternative strategies, such as trusts, annual exclusion gifting, and comprehensive estate tax planning, can offer more effective ways to preserve your assets and reduce your estate’s tax liability.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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