Yes. The real question is who pays the taxes. That depends upon whether the property was in a revocable or irrevocable trust at the time of the grantor's passing. States may also treat this differently depending on their tax laws.
Some trusts can also help reduce estate taxes. Most trusts avoid probate. Varying tax rules apply to beneficiaries depending on whether the trust is revocable or irrevocable and the type of income the beneficiary receives.
Inheriting a trust comes with certain tax implications. The rules can be complex, but generally speaking, only the earnings of a trust are taxed, not the principal. A financial advisor can help you minimize inheritance tax by creating an estate plan for you and your family.
Selling a house in a trust before death means the grantor is responsible for paying capital gains tax. Alternatively, the trust or beneficiary could owe the tax under an irrevocable or testamentary trust, depending on how the trust is set up.
An irrevocable trust transfers asset ownership from the original owner to the trust, with assets eventually distributed to the beneficiaries. Because those assets don't legally belong to the person who set up the trust, they aren't subject to estate or inheritance taxes when that person passes away.
An exemption trust is a trust designed to drastically reduce or eliminate federal estate taxes for a married couple's estate. This type of estate plan is established as an irrevocable trust that will hold the assets of the first member of the couple to die.
Another key difference: While there is no federal inheritance tax, there is a federal estate tax. The federal estate tax generally applies to assets over $13.61 million in 2024 and $13.99 million in 2025, and the federal estate tax rate ranges from 18% to 40%.
This rule generally prohibits the IRS from levying any assets that you placed into an irrevocable trust because you have relinquished control of them. It is critical to your financial health that you consider the tax and legal obligations associated with trusts before committing your assets to a trust.
Parents and other family members who want to pass on assets during their lifetimes may be tempted to gift the assets. Although setting up an irrevocable trust lacks the simplicity of giving a gift, it may be a better way to preserve assets for the future.
One of the biggest mistakes parents make when setting up a trust fund is choosing the wrong trustee to oversee and manage the trust. This crucial decision can open the door to potential theft, mismanagement of assets, and family conflict that derails your child's financial future.
Rich people frequently place their homes and other financial assets in trusts to reduce taxes and give their wealth to their beneficiaries. They may also do this to protect their property from divorce proceedings and frivolous lawsuits.
That may not always happen, but that's the way it's supposed to work under California Trust law. The bottom line: Beneficiaries enjoy the Trust assets at some point but, until then, they do not control or manage those assets.
The property inside an irrevocable trust is held in the trustee's name, but technically owned by the trust for the benefit of the beneficiary.
“As long as you are transferring the property from the same owners to the same owners and in the same percentages, transfer taxes are not required," said Banuelos. “For example, if my husband and I each own 50% of our home and we transfer it to the trust as 50-50 owners, we wouldn't need to pay transfer taxes."
Inheritance checks are generally not reported to the IRS unless they involve cash or cash equivalents exceeding $10,000. Banks and financial institutions are required to report such transactions using Form 8300. Most inheritances are paid by regular check, wire transfer, or other means that don't qualify for reporting.
When a house is transferred via inheritance, the value of the house is stepped up to its fair market value at the time it was transferred, according to the IRS. This means that a home purchased many years ago is valued at current market value for capital gains.
Inheriting a trust comes with certain tax implications. The rules can be complex, but generally speaking, only the earnings of a trust are taxed, not the principal. A financial advisor can help you minimize inheritance tax by creating an estate plan for you and your family.
For all practical purposes, the trust is invisible to the Internal Revenue Servicc (IRS). As long as the assets are sold at fair market value, there will be no reportable gain, loss, or gift tax assessed on the sale. There will also be no income tax on any payments made to the grantor from a sale.
An irrevocable trust offers your assets the most protection from creditors and lawsuits. Assets in an irrevocable trust aren't considered personal property.
When you inherit money and assets through a trust, you receive distributions according to the terms of the trust, so you won't have total control over the inheritance as you would if you'd received the inheritance outright.
The sale of real estate from a trust may be subject to taxes, depending on the specific circumstances of the sale and the terms of the trust. Generally, trusts are considered separate tax entities, and they are responsible for paying taxes on any income they generate, including from the sale of real estate.
Each state has different estate tax laws, but the federal government limits how much estate tax is collected. Any estate worth more than $11.8 million is subject to estate tax, and the amount taken out goes on a sliding scale depending on how much more than $11.8 million the estate is worth.
It is not unusual for the successor trustee of a trust to also be a beneficiary of the same trust. This is because settlors often name trusted family members or friends to both manage their trust and inherit from it.