How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stephen G. Your Own Question
Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 6107
Experience:  Extensive Experience with Tax, Financial & Estate Issues
Type Your Tax Question Here...
Stephen G. is online now
A new question is answered every 9 seconds

My brother passed away in january of 09, leaving me as his

Resolved Question:

My brother passed away in january of 09, leaving me as his only surviving beneficiary,I am using what money I have left from the life insurances to buy his home in witch he lived.I currently am living and run a small business in this home.He did not own this home as he was making mortgage payments, for the past year i have been making these payments, and they are outrageous-9.99%...My bank and I will be going half and half for the purchase of this home. Do i qualify for first time home buyer tax credit since he did not own this home and i will be buying it from the loan co. or do i not because he is a relative.?
Submitted: 6 years ago.
Category: Tax
Expert:  Stephen G. replied 6 years ago.

Hi & thanks for using our service. I'll do my best to give you an a complete & accurate answer. Please ask me to clarify anything you don't understand.


Do you mean he owned the home subject to the outstanding mortgage?


Do you mean that you have inherited your brother's home subject to a mortgage of approximately 50% of the current value of the home?


Inherited real property (from a relative) doesn't qualify for the first time homebuyer credit.

Customer: replied 6 years ago.

no he did not own the property, the motgage is 106,000 on witch he still owed . I will be having the loan payed off, but will be transfering the title and deed into my name. so Im actually buying it from the mortgage co.and not my brother who did not own this home yet.


Expert:  Stephen G. replied 6 years ago.


If he owed 106,000 on the mortgage note, he owned the property subject to the mortgage. He couldn't have been obligated on the mortgage note if he didn't own the property. He didn't own it outright, but he had to have owned it subject to the mortgage.

Stephen G. and 5 other Tax Specialists are ready to help you