When I bought my house about 15 years ago, I got the “First Time Homebuyers Credit” from the government, plus a homestead exemption from the county (though I sold that house later). I didn’t think much about it back then, but my parents had actually set up a trustee deed on their house with my name on it. This means they control the house while they’re alive, but it goes to me when they pass. Recently, I started wondering if having my name on that deed could affect those credits. The county tax office still sends the bill to my mom, and they didn’t seem bothered when I called. But what about federal taxes—did being on that trustee deed mean I didn’t really qualify as a first-time buyer? I’d love any insights here.
You really need to ask a tax professional who can look over the details for you. The people at the county office aren’t really qualified to give you a straight answer on this… and honestly, neither is anyone here on the forum. Who set up the trust originally? It might be worth talking to them first.
@Nico
Thanks. I’m pretty stressed over it and will look for a local tax expert to help me figure it out. Really appreciate the advice.
This sounds like a question for a local real estate attorney who can give you solid answers on title matters. Trustee deeds aren’t the same in every state. Also, if you’re doing any DIY conveyancing, be careful; it’s easy to mess up. I think you actually have three questions here:
- Do you actually own your parents’ home?
- If yes, does that mean you weren’t eligible for the first-time homebuyer credit?
- Which home qualifies for the homestead exemption or tax credit?
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I’m not sure about this. I answered mostly based on that first question.
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Wasn’t that credit something you had to repay if you sold within 36 months? If you paid it back, then no worries.
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Homestead usually applies to the place where you actually live. It depends on your state’s rules, but your parents’ home probably wouldn’t qualify as your homestead.
Try to clarify your question a bit to avoid confusing readers and get better responses.
@Parker
Thanks for the feedback. I think I’m okay with the homestead credit, but the first-time homebuyer credit is really bugging me now. I genuinely thought I was eligible, but now I feel like I may need to consult a real estate tax lawyer for peace of mind. Appreciate the guidance.
@Kirby
You bought the place 15 years ago. If there was an issue with the credit, it would’ve come up within the first 3 years. Since it’s past the statute of limitations now, it’s unlikely you’ll face any trouble unless there was intentional fraud, which doesn’t sound like the case here. Try not to stress.
@Scout
Thank you. I sold the place a few years back and never had any issues with the credit, but this still nags at me. At the time, I thought I fully qualified. Appreciate the reassurance.
Since it’s a life estate, your parents hold most of the rights to the property while they’re alive, and you just have what’s called the remainder interest. That means you can’t sell the whole property without their say-so. When they pass, it becomes fully yours, and you won’t owe much or any capital gains tax if you sell soon after. Since you got that credit 15 years ago, the IRS probably won’t question it now unless they suspect fraud. If a lawyer didn’t handle the life estate deed, it might be worth getting a local estate planning lawyer to review it for you.
@Alix
Thanks a lot. I do wonder if my name on the property disqualified me somehow, though I never considered that possibility back then. The county assessor has my name listed first with my folks’ names and ‘L/E’ next to theirs, which I assume means life estate. I’ll likely consult a local attorney to ensure everything’s as it should be.
> For tax purposes, do they own their home, or do I?
If you had a home in a revocable trust, technically, neither of you would own it—the trust would. That’s kind of the point of a trust. Whether this is relevant here, I’m not sure.
@Yan
For tax purposes, the assets in a revocable trust are treated as owned by the grantor. That’s why any income flows through to the grantor’s tax return.
@Yan
I checked the Trustee’s Deed, and it lists my parents as trustees of their “revocable living trust agreement.” Does that change anything?
Kirby said:
@Yan
I checked the Trustee’s Deed, and it lists my parents as trustees of their “revocable living trust agreement.” Does that change anything?
There’s more to it, as @EagleCoder pointed out: there’s the grantor who created the trust, the trustee who manages it, and finally the beneficiary who inherits. Legally, though, the trust owns the property to keep it out of probate. Don’t mix up tax treatment with legal ownership.
@Yan
Your parents are likely the grantors of the revocable trust, which means you don’t own any trust property while they’re alive. They’re still considered the owners for tax purposes.
Did you live in your parents’ house in the 3 years before you bought your own? If so, it might mean you didn’t qualify for the First-Time Homebuyer Credit. But if the county office didn’t mention anything, you’re likely fine. Also, the homestead exemption generally applies to the place you actually live.
@Dallas
Yes, I lived with my folks before I bought my condo. Now I’m realizing I might not have been entitled to that credit and it’s really weighing on me. Thanks for the info.
I’d be happy to help after reading the trust document.
Sky said:
I’d be happy to help after reading the trust document.
Thank you. I think I’ll need to get a local expert for this. Appreciate the offer.
Sky said:
I’d be happy to help after reading the trust document.
Thank you. I think I’ll need to get a local expert for this. Appreciate the offer.
No problem. Just keep in mind that without reading the document, any advice here might miss important details. If you’re comfortable, consider posting a redacted version for clarity.