[WSBAPT] out of state real property in an estate

[Jenna Brozik]

Hello listmates,

I have a probate case where the property was bought by a married couple in 1993 with community funds in Illinois.  The property was only titled in the husband's name although it was bought by the community with community funds and remained community property.

The husband died in Washington State.  For IRS purposes, doesn't the wife get a step up in basis on the entire property, not just the 50% that is her community portion?  For the purposes of this discussion, the husband died without a will, so intestate.   Illinois is not a community property state, does that matter?

Any comments or suggestions would be appreciated.

Thank you,

Jenna Brozik
Managing Attorney
PRINZ & BROZIK PLLC
445 S. Grand Avenue
Pullman, WA 99163
509-338-0908 Telephone
509-338-3527 Facsimile

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