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Jun 19, 2024
4:10:18pm
dratax All-American
Based on the information provided, 50% step up

The following reflects the way I was taught at E&Y 40 years ago. A quick check online looks like that hasn't changed

"how do you choose between holding an asset through joint tenancy or as community property? Here are a few things to consider.

Where you live. There are only nine community property states at the moment. If you don’t live in one of these states, joint tenancy is your remaining option.

How you want taxes applied. With community property, the step-up basis applies to the whole property; with joint tenancy, only the deceased tenant’s half receives the step-up basis. This can have serious tax implications if and when the surviving tenant sells the property.

Whether you want protection from creditors. Community property is considered fair game for liabilities, so creditors can come after the asset regardless of which spouse owes. With joint tenancy, however, creditors can only lay claim to the owing spouse’s share of the property, which the non-owing spouse’s share is protected.
https://smartasset.com/estate-planning/community-property-vs-joint-tenancy

This message has been modified
Originally posted on Jun 19, 2024 at 4:10:18pm
Message modified by dratax on Jun 19, 2024 at 4:10:56pm
Message modified by dratax on Jun 19, 2024 at 4:11:29pm
dratax
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dratax
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