[WSBAPT] Husband and Wife holding title to home as JTWROS and step up in basis

Bryce Dille Bryce at dillelaw.com
Thu Jul 1 10:22:54 PDT 2021


If held with spouse get step up in basis on 100% of property whether held in Jt tenancy or as community property or even if her separate property  and surviving spouse inherits it. However if held with non spouse only get step up in basis as to deceased Jt tenants interest

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Thursday, July 1, 2021 10:10 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Husband and Wife holding title to home as JTWROS and step up in basis

Listmates,

Somewhere in my aged memory, I thought the IRS had issued a ruling (which can't be located) that where a married couple held title to their home (or any real property) as JTWROS, the survivor, on the death of the first spouse, would get a 100% step-up in the cost basis equal to the property's FMV on the date of death.   Does anyone else have that understanding?

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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