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Warning: capital gains on inherited property

Started by sustained_overruled_25 · Oct 27, 2025 · 790 views · 11 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
SO
sustained_overruled_25 OP

I'm dealing with a situation and need some guidance.

capital gains on inherited property. I've been dealing with this for about 14 weeks now and the situation isn't improving.

I have already done some research online but got conflicting advice.

What are the risks if I pursue this? What's the likely timeline?

ES
Emily_S_10

I went through almost the exact same thing.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

AT
another_throwaway_15

This happened to my coworker too.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

TL
Sergei_Mod Moderator

Licensed attorney — a few thoughts. Here's my take on the legal issues.

There are several legal theories that could apply here. The strongest is probably the relevant statute, which requires showing actionable.

One important thing — there are strict deadlines for filing these claims. Don't wait too long.

EC
erin_c_law_35

I mean this happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

JC
jchen92_13

I've dealt with this before.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run imo.

ST
startuplife_35

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

AM
allison.m_2

I've dealt with this before.

The magic words were "let me speak to your supervisor"/manager. It took 1-3 months but was worth it.

MT
midnight_thoughts_31

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

BW
brandon.w_3

I've dealt with this before.

In my case for what it's worth, it took about 2-4 months to resolve. The key was hiring an attorney to send the initial letter sadly.

QT
quinn_t_6

My mother passed away and I inherited her house (purchased in 1985 for $80K, current FMV at death was $650K). I'm selling it for $680K. Do I owe capital gains tax on the full $600K appreciation or just the $30K since I inherited it?

NJ
nicole.j_4

@quinn_t_6 — You get a stepped-up basis under IRC § 1014. Your basis in the property is the fair market value at the date of your mother's death ($650K), NOT her original purchase price. So your taxable gain is only $680K - $650K = $30K. This is one of the most valuable provisions in the tax code for inherited assets. Make sure you document the FMV at date of death with an appraisal — the IRS can challenge basis if not properly documented. Also check whether your state conforms to the federal stepped-up basis rules (most do, but a few states have their own estate/inheritance tax rules).