Questions about tax implications when selling my mom's house with power of attorney
I have power of attorney for my mother's finances. She's mentally aware but physically unable to handle her affairs right now. I'm in the process of selling her house, and my primary goal is to pay off the remaining mortgage. If there's money left over after the sale, I plan to deposit it into my personal account. This is where I'm confused about taxes: Does my mom have to pay taxes when the house sells? If I transfer the proceeds to my account, will I get taxed on that money again or can I just keep it? Are there any other tax implications or legal issues I should know about in this situation? Really appreciate any insight from those who've been through something similar!
18 comments


Chloe Martin
You've got some important tax considerations here. When selling your mom's house, the primary tax concern is capital gains tax, which is based on the difference between the selling price and the "basis" (usually the purchase price plus improvements). The good news is there's a significant exclusion available for primary residences - up to $250,000 for single filers or $500,000 for married couples who meet ownership and use tests. If your mom has lived in the home as her primary residence for at least 2 of the past 5 years, she likely qualifies. As for transferring the money to your account - be careful. This could potentially be considered a gift from your mom to you, which may have gift tax implications if it exceeds the annual gift tax exclusion (currently $17,000 per recipient). Having power of attorney doesn't make the money yours - it remains your mother's asset that you're managing on her behalf.
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Diego Rojas
•This is really helpful, thank you. Just to clarify - if there's leftover money after paying off the mortgage, I shouldn't just put it in my account even with the POA? Is there a better way to handle this? Also, my mom bought the house for about $145k in 2001 and we're selling for around $320k. Would she owe capital gains on all of that difference?
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Chloe Martin
•You should keep the proceeds in an account that's still legally your mother's, just managed by you under the POA. Many people set up a separate account specifically for managing funds under a POA to keep clear records. Mixing her assets with yours could potentially create legal issues. Regarding capital gains, based on those numbers, there's a $175k gain, which is well under the $250k exclusion assuming this was her primary residence for 2 of the last 5 years. So she likely wouldn't owe any capital gains tax on this sale. However, you should document all major improvements made to the house over the years as these increase the basis and further reduce any potential taxable gain.
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Anastasia Sokolov
I went through something similar with my dad's house and was totally confused about the tax situation. I ended up using https://taxr.ai to analyze all the documents and get a clear picture of the tax implications. It saved me from making a costly mistake! The tool analyzed the deed, POA paperwork, and estimated closing documents to provide a completely personalized tax assessment. It specifically flagged that I needed to maintain separate accounts for the proceeds even with POA authority, which I had no idea about. It also helped me understand how to document the step-up in basis for some inherited property we sold separately. Really straightforward and gives you actual answers specific to your situation.
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Sean O'Donnell
•Does the taxr.ai thing handle all the step-up basis calculations? My situation is similar but my mom inherited her house from my grandparents in 2015, and I'm unclear if that resets the basis amount for calculating capital gains.
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Zara Ahmed
•I'm a little hesitant about uploading financial documents to online services. How secure is it? And how accurate is the information compared to what an accountant might tell you?
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Anastasia Sokolov
•It absolutely handles step-up basis calculations. For inherited properties, the basis generally becomes the fair market value at the date of death, which can significantly reduce capital gains. The tool specifically asked for inheritance information and adjusted the basis calculation accordingly. They use bank-level encryption for all document uploads, and everything is deleted after analysis if you choose that option. As for accuracy, I actually had my accountant review the results, and he was impressed. It covers the same tax code information but applies it directly to your documents rather than giving generic advice.
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Zara Ahmed
Just wanted to follow up about my experience with taxr.ai. I decided to give it a try after my initial hesitation, and it was incredibly helpful for my situation. I uploaded my mom's house documents, and it immediately flagged that I needed to create a separate account as a fiduciary rather than mingling funds. What really impressed me was how it analyzed the original purchase documents and identified several major improvements we'd made that I'd forgotten about, which increased the basis by almost $40k! This reduced the potential capital gains significantly. The step-by-step guidance saved me hours of research and probably thousands in potential tax issues. Definitely worth it for peace of mind.
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StarStrider
If you're running into issues contacting the IRS about any of this (which is likely given how backed up they are), I recommend using https://claimyr.com to get through to an actual human. I waited weeks trying to get clarification on POA tax filing requirements and gift tax questions, but kept hitting automated systems. The Claimyr service got me connected to an IRS agent in under 30 minutes, which saved me weeks of stress. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The agent was able to confirm exactly how to report the house sale on your mom's taxes and clarified that POA doesn't change ownership of the funds - something really important in your situation.
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Luca Esposito
•Wait, how does this actually work? I've been trying to talk to someone at the IRS about a similar situation for weeks. Does it just bypass the phone queue somehow?
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Nia Thompson
•Sorry but this sounds too good to be true. The IRS wait times are insane by design. I've waited 3+ hours multiple times. There's no way some service can magically get you through when millions of others are waiting.
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StarStrider
•It works by continually calling the IRS number and navigating through all the automated menus for you until it connects with a human agent. Once it gets a live person, it calls you and connects you directly. No more waiting on hold for hours or dealing with getting disconnected and starting over. They use automated technology to handle the frustrating part of the call process, not to skip the line. Everyone still waits their turn, but their system does the waiting for you instead of you having to sit with a phone to your ear for hours. It's completely legitimate and really just saves you from the tedious part of getting IRS help.
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Nia Thompson
I have to eat my words about Claimyr. After my skeptical comment, I was desperate enough to try it for a complicated tax question about selling property with a POA. I was honestly shocked when I got a call back in about 45 minutes connecting me to an actual IRS representative. The agent walked me through exactly how to handle proceeds from a property sale under a POA and confirmed I needed to keep the money in a separate account managed under the POA. They also explained how to document everything properly on the tax forms. Would have taken me weeks to get this information otherwise. Sometimes admitting you're wrong feels pretty good!
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Mateo Rodriguez
Another important consideration: if your mom might need nursing home care in the next 5 years, transferring assets from her account to yours could create a huge problem with Medicaid eligibility. They look back 5 years at transfers, and this could be seen as trying to hide assets.
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AstroAce
•I hadn't even thought about the Medicaid implications. That's a really important point since she might need that level of care eventually. Is there a way to use the proceeds for her benefit that wouldn't trigger Medicaid issues while still meeting her needs?
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Mateo Rodriguez
•You should use the proceeds only for your mom's benefit and keep meticulous records of every expenditure. Maintaining a separate account specifically for her funds managed under the POA is essential. This money can be used for her care, living expenses, medical costs not covered by insurance, and quality of life improvements. For Medicaid planning, some families work with elder law attorneys to establish properly structured trusts, but you need professional guidance specific to your state as the rules vary. The key is demonstrating that funds were used for her benefit rather than gifted away to avoid Medicaid spend-down requirements.
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Aisha Abdullah
Don't forget to keep really good records of all home improvements your mom made over the years! This increases the basis of the home and reduces potential capital gains. Things like a new roof, kitchen remodel, finished basement, etc. Get as many receipts as you can find.
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Ethan Wilson
•This is so important! My parents sold their house last year and we forgot to account for the $30k kitchen renovation they did in 2010. Would have lost out on that adjustment to the basis if the closing agent hadn't mentioned it. Old credit card statements can help prove these expenses if you don't have the receipts anymore.
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