Heislerville, NJ Estate Planning Law Firms & Lawyers

First you have to look at the total value of the estate.  Estate tax is imposed on estates with a total value over $675,000.  You look at all of the assets in the estate and then deduct certain costs and expenses like funeral costs, attorney's fees, etc.  If the total amount remaining after the deductions is over $675,000 then you will pay tax.  If you become a joint owner of the house, then when you sell it you will pay capital gains tax on the difference between the sales price and the price your mother bought the house for in the 1980.  Balancing those two taxes out, I would say leave the house in mom's name and pay the estate tax - its less than you will pay in capital gains.  You will not pay inheritance taxes because you are Class A beneficiaries as children of the decedent.  

You should see a lawyer to get a will drawn up.  He could make it so that the children get $80,000 and you get the house, or life rights to the house which ever he prefers.  The $80,000 could be a separate bequest, but you have to be careful about making you obligated to pay the children. 

It is not possible to answer this based on the information given.  If you are trying to avoid estate taxes, the money will be drawn back into the estate, if the person dies within 3 years o the gift.  In order to avoid the taxes, the person must give up all indicia of ownership of the asset.  I prefer to let elderly people keep their assets to pay for their own care instead of worrying about taxes.  estate taxes will nt be inucrred unless the estate is over $675,000