Can a son claim ancestral property from his father?
In a nutshell, if an individual has got property from his father as a gift, tomorrow his children can’t claim their share calling it ancestral property. Such a property is treated as self-acquired property, provided there is no expressed intention in the deed of the gift by the grandfather while gifting the property to his son.
Can a father gift a property to his son?
On the other hand, a self-acquired property which is gifted by a father to his son is not treated as an ancestral property. The individual is within his right to dispose of the property the way he/she wants. Can your father gift you property?
Do you have a right to your grandfather’s property?
The grandson’s right to a share in this property accrues by birth itself. This is different from other kinds of inheritance, where inheritance opens only on the death of the owner. Ancestral property rights are determined on the basis of per stirpes and not per capita.
Can a mother claim a share in a maternal grandfather’s property?
Even if you establish that your mother is holding a share in the property i.e., lets assume it is a self acquired property of your Maternal grandfather and naturally on his death your mother has obtained a share in the property. But she has not claimed it directly during her life time.
Can you sell your home to your child to avoid estate tax?
You might think that “selling” your home to your child will help you avoid estate taxes down the road at the time of your death, but the IRS is a step ahead of you. The federal estate tax and the gift tax go hand in hand. The major difference between them is your timing.
What happens if you give your house to your children?
If you give your house to your children, the tax basis will be $150,000. If the children sell the house, they will have to pay capital gains taxes on the difference between $150,000 and the selling price. The only way for your children to avoid the taxes is for them to live in the house for at least two years before selling it.
Can you sell your house to your grandchild?
No, unfortunately that doesn’t work either. Because a sale to your child or grandchild would not be considered an “arm’s length” transaction, no loss on its sale could be claimed.
How much did a child sell their house for?
The child recently sold the home for close to $1 million after their parent passed away. Because of the step-up in basis they received, there was no gain to pay taxes on.
Can a parent express preference in Florida custody?
Unlike some other states, Florida custody laws require a judge to evaluate a parent’s moral fitness in a custody case. A parent’s “moral fitness” refers to circumstances that might affect a child’s moral and ethical development such as a parent’s substance abuse problems, frequent casual relationships with multiple partners, or illegal behavior.
What happens if the father of your child refuses to give you custody?
If the father of your son refuses to return him to you, without a custody agreement, a court will determine custody and visitation based on whether you’re married or divorced from the father. If you’ve never been married to the father, separate custody rules apply.
Can a parent force a child to testify in Florida?
In Florida, neither the parents nor their attorneys can force a child to testify as a witness in court. Courts are careful to protect minor children from getting involved in family law litigation even though a child’s opinion in a custody decision is relevant.
When does a father not have paternity rights in Florida?
In Florida, a father’s paternity rights are a factor of whether or not the father was married to the child’s mother at the time of the child’s birth. If the father and mother were not married, then the father has no legal relationship with the child.
Can a father without parental rights move out of State?
Additionally, a father without court-established parental rights will be unable to legally cause the mother and child to return to the state. For fathers who have established rights through a Petition for Paternity, however, the mother must seek written permission or a court order authorizing out-of-state relocation of a child.
Who is the legal father of a child born out of wedlock?
A father is both the legal and biological father is he was married to the child’s mother at the time of the child’s birth. If, however, the child was born out of wedlock, a biological father will have to take formal legal steps to become the child’s legal father.