USA Income tax basis of real estate acquired by gift in contemplation of death

Oct 5, 2017
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United States

My mother was in the hospital suffering from a terminal illness
She "gifted" me her house via quit claim deed as she thought it would not get hung up in the courts that way
My brother and I were 50/50 recipients of all her property in her will.
She passed away about 10 days later.
We sold the house three months later, after listing it and doing some repairs.

The gift was clearly in contemplation of her death.
I understand normal basis rules are FMV at date of death if acquired though inheritance; carryover basis if through a gift.

I believe under estate tax rules all gifts made within three years of death are presumed to made in contemplation of death and donee receives stepped up basis, as the gift is brought back into the estate of the donor for estate tax purposes.

Do I have any position to claim a stepped up basis in the property?


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