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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Recently my ex-husband passed away and the house was left in

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Recently my ex-husband passed away and the house was left in my name. If I sell this house I will pay capital gains,so family wants me to sign to the estate, I would rather sign to my daughter that has been living in the house. The proceeds from house will be divided among his children. My question is will they not have to pay tax if it is signed to the estate.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

None of this is correct.

When the house is sold or titled is transferred the capital gains are the same.

There is a deemed disposition at fair market value at death and there is a deemed disposition at fair market value when the house's title is transferred.

So the tax consequences are the same whether you sell or transfer the house.

Let me know if you need any further clarification.
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