JOINT PROPERTY TAXATION SUMMARY OF CONTENTS

Similar documents
KEIR EDUCATIONAL RESOURCES

KEIR EDUCATIONAL RESOURCES

Farm Estate Planning Do You Know What You Own?

Summit Place Financial Advisors

ESTATE ADMINISTRATION:

Uniform Law Commission develops transfer-on-death deeds By Susan N. Gary

Terms. A person given authority by a proper court to manage and distribute the estate of a deceased person when there is no will.

Estate Planning: Wills, Trusts, and Your Property

Activity #13. Estate Planning Questionnaire and Farm Asset/Management Transfer Plan

Senate Bill No. 88 Committee on Judiciary

ESTATE ADMINISTRATION Checklist/Questionnaire

The Importance of TOD & JTWROS Designations Tuesday, 27 May :13. A convenient move that could ward off probate on your accounts

MARITAL SETTLEMENT AGREEMENT CHECKLIST

Basic Will Drafting and DL Wills

RECAPITULATION. (Home): (Cell): ( ): Co-Personal Representative Signature. Address: Telephone (Work): (Home): (Cell): ( ):

Family Estate Planning

Agnew Law Office, P.C.

CHAPTER 1: THE CONCEPT OF PROPERTY RELATED TO WILLS, TRUSTS, AND ESTATE ADMINISTRATION

HOMESTEAD. David Weisman

Taking Title to Real Property Fidelity National Title Group - Florida Agency Operations

How to Minimize the Need for Probate in Texas

FACT SHEET FS Property Ownership and Transferring Are Important Features of Your Farm Succession Plan Many people think an estate

NET WORTH 78 CHAPTER 3: PERSONAL FINANCIAL STATEMENTS: PREPARATION AND ANALYSIS

A. LARRY BERREN, ESQUIRE THE BERREN LAW FIRM 197 TAUNTON AVENUE, SUITE 202 EAST PROVIDENCE, RI 02914

Uniform Real Property Transfer on Death Act

Who can be added to title of my BMR Home?

Tax Dangers in Estates By the Entirety

Joint Ownership And Its Challenges: Using Entities to Limit Liability

Guide to completing an Inland Revenue Affidavit (CA24)

UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT. Drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS. and by it

Getting Started. Accept the fact that you are going to. Estate Planning in North Dakota: THE BASICS. What is estate planning?

KEIR EDUCATIONAL RESOURCES

RESALE INFORMATION TITLE ONLY

HOPING TO AVOID PROBATE

Senate Bill 815 Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon Law Commission)

What Every Attorney Should Know about Washington Transfer on Death Deeds

The Voice of the 1031 Industry

Instructions QUESTIONS SECTION 1 INTRODUCTION AND DISCLOSURES

1a. Analyze the dollar amount of LT's and R's 1984

Medical Assistance ESTATE RECOVERY PROGRAM

OFFICE OF THE ASSESSOR COUNTY OF LOS ANGELES JEFFREY PRANG ASSESSOR

Chapter 5: Forms of Real Estate Ownership

HOMESTEAD THE SURVIVING SPOUSE AND TRUSTS

Liens, Estate Recovery and the Special Recovery Unit OVERVIEW LIENS

Montana ABLE Accounts: Achieving a Better Life Experience

PRIVATE CLIENT DEPARTMENT DECLARATION OF TRUST FACT SHEET

KANSAS Estate Tax Return For Deaths Occurring in 2007, 2008 and 2009

Part 1 ESTATES CLASSIFIED AS TO DURATION Section Estates classified Estates tail abolished; future estates limited thereon

PROBATE AND PUMPERNICKEL LUNCHEON APRIL 24, 2014

AN ACT RELATIVE TO THE ESTATE OF HOMESTEAD. (see Senate, No ) Approved by the Governor, December 16, 2010

Toll Free Tel Fax

X. BASIC TAX AND ESTATE PLANNING FOR SAME-SEX COUPLES* I. Acquisition and Ownership of Property During the Relationship.

The Language of Estates New Clerks School UNC School of Government. The Language of Estates. The Language of Estates. Intestate

Personal Financial Affairs

The Unintended Consequences of Repealing the Federal Estate Tax and Other Legislative Moves

Real Property Transfers at Death in Montana: Probate and Non Probate Issues 1

FAQs 4/1/17 Edition by David R. Gellman

ESTATE PLANNING QUESTIONNAIRE

Succession Planning Terms and Definitions

New Jersey N2K Hour: Effects of Death and Estate Issues

ESTATE PLANNING. A Simplified Guide for Oklahoma Farm and Ranch Families. Circular E-726

Deed Recording Fee SOUTH CAROLINA DEPARTMENT OF REVENUE OFFICE OF GENERAL COUNSEL / POLICY SECTION

NOTICE TO COURT OF DECEDENT S MEDICAID STATUS

CHECK LIST FOR HOMESITE LEASE APPLICATION

REAL ESTATE IN A CHANGING WORLD. Nancy Short Ferguson Chicago Title Greensboro, NC


Home Buyer s Guide. A Helpful Guide to Assist you in Making your New Move Run Smoothly! Compliments of:

Small Estate Affidavits Bexar County Probate Court No. 2

Personal Representative s Handbook

Severing a Joint Tenancy. Severing a joint tenancy is the process by which you convert a Joint Tenancy into a Tenancy In Common.

PACKET-DECEASED MEMBER. Copy of Death Certificate (Required) Page 2. Explanation of Requirements and Procedure Page 3

Quit Quitclaiming OR HELPING CLIENTS HELP THEMSELVES WHEN IT COMES TO TRANSFERRING REAL ESTATE BY: AMY WOCHOS

MSBA Real Property Title Standards

Chapter 5: Estate Planning Tools

How a Lady Bird Deed Works. General Warranty Deeds. Special Warranty Deeds. The Difference Can Be Critical

Tax/Valuation. Marriage Breakdown and Income Taxes. N E W S L E T T E R Autumn Equalization payments. Key definitions.

Chapter 4 Massachusetts. Forms of Real Estate

Legal Jargonbuster. money, property and assets that belonged to that person which are held in his name. These are referred to as his Estate.

SAVE ME FROM PROBATE: TRANSFER ON DEATH DEEDS AND LADY BIRD DEEDS

Quiz 7: Real Estate Ownership

City of Campbell. Below Market Rate (BMR) Homebuyers. Eligibility Guide

Estate and Succession Planning for Farmers and Ranchers

Will Controlling Your Legacy Durable Power of Attorney Durable Power for Health Care Medical Directives Community Property Agreement Transfer on Death

ELECTIVE SHARE: Is It Really Elective?

Estate Procedures for

BUYER INFORMATION REPORT

IC Chapter 14. Transfer on Death Property Act

I. FRACTIONAL INTERESTS IN GENERAL 1 II. CONTROL/DECONTROL DISCOUNTING 6

Granting Sole and Joint Tenancies Policy ENFORCEMENT POLICY

Beneficiary Deeds in Montana

The Homestead Act. Questions. and Answers. Massachusetts General Laws, Ch. 188, William Francis Galvin Secretary of the Commonwealth

8/2/2017. Top 10 Estate and Transition Planning Mistakes. ISU Extension Farm Management Team

To: New Jersey Law Revision Commission From: Staff Re: Uniform Real Property Transfer on Death Act Date: March 8, 2010 MEMORANDUM OVERVIEW OF URPTODA

AFIN AMERICAN FINANCE TRUST, INC. TRANSFER INSTRUCTIONS AND FORMS IMPORTANT NOTICE

GUIDELINES ON SETTLEMENT OF ESTATES

Sales and Other Dispositions of Assets

Explanation of SCPA 2307: Executor Compensation

ACKNOWLEDGEMENT OF RECEIPT OF INSTRUCTIONS FOR EXECUTOR OR ADMINISTRATORS AND FORMS

Death of a Seller: Decedents Estates and Real Estate Title. Chicago Title February 2016

The Consequences Of Joint Tenancy Ownership Of Property

Transcription:

JOINT PROPERTY TAXATION SUMMARY OF CONTENTS About the Author Preface Acronyms/Phrases/Terms Used in This Book PART ONE VALUE OF ASSETS AND FORMS OF PROPERTY OWNERSHIP Chapter 1 Value of Assets and Forms of Property Ownership Two Most Common Forms of Property Ownership Common Characteristic Is Right of Survivorship Distinguishing Characteristic Is Right of Severance Inclusion in Gross Estate, But Not in Probate Estate Chapter 2 Common Planning Situations Most Troubling Areas in Estate Planning Federal Estate, Gift and Income Tax Same-Sex Married Spouses Chapter 3 Advantages of Joint Ownership Nontax Advantages Security for Married Persons Facilitate the Care and Protection of Minor Children Avoid Probate

Chapter 4 Disadvantages of Joint Ownership Four Disadvantages Loss of Testamentary Disposition of Property Loss of Lifetime Management Control of Property Misappropriation of Co-Tenant s Interest Loss of Liquidity Part One: Endnotes PART TWO FEDERAL ESTATE TAX RULES Chapter 5 Property Owned by Unmarried Persons General Rule Consideration-Furnished Test Rule Chapter 6 Property Owned by Married Spouses Spouse s Joint Property Rule Pre-1977 Spousal Joint Property Marital Deduction Amount Subject to Mortgage Chapter 7 Multiple Ownership Among Married Spouses and Other Persons Availability of Estate Tax Marital Deduction First Issue: Amount Included in First Decedent Spouse s Gross Estate Second Issue: Surviving Spouse s Power of Severance Multiple Married Spouse Co-Tenants

with Right of Survivorship Federal Estate Tax on U.S. Savings Bonds Part Two: Endnotes PART THREE FEDERAL GIFT TAX RULES Chapter 8 Unmarried Persons Income Tax Basis of Gifts in Hands of Donee Increased Basis for Gift Tax Paid Co-Tenant Can Defeat Survivorship Rights Termination of Joint Tenancy with Right of Survivorship United States Savings Bonds Federal Gift Tax on U.S. Savings Bonds Chapter 9 Married Spouses Non-U.S. Citizen and U.S. Citizen Unintended Gift Results from Failure to Severe JTWROS Part Three: Endnotes PART FOUR FEDERAL INCOME TAX RULES Chapter 10 Transfers of Property Between Married Spouses or Incident to Divorce Transfers Between Married Spouses

Section 1041 Background Explanation of Section 1041 Income Tax Consequences Property Settlements Section 1041 Election Chapter 11 Unmarried Persons Income Tax Based on Percentage of Ownership Modified Carryover Basis Basis of Estate Assets of Decedents Dying After December 31, 2010 Real Property Securities, Dividends, Interest, Gains and Losses Joint Bank Accounts Mortgage Interest Deduction Special Federal Income Tax Rules Apply to U.S. Savings Bonds Administering U.S. Savings Bonds Upon Death of Owner/Co-Owner/Beneficiary Income Tax Deduction for Expenses Associated with Gifted Real Property Income Tax Liens Involving Property Titled JTWROS Quit Claim Deed Failure Part Four: Endnotes PART FIVE TAX CONSIDERATIONS CREATING AND TERMINATING TITLE TO JTWROS PROPERTY Chapter 12

Real Property, Securities, Bank Accounts and Other Property Procedure for Creating and Terminating Ownership of Property Titled as JTWROS Real Property Examples Regarding Married Spouses Publicly-Traded Securities, Bank Accounts and Other Property Effect of Property Titled as JTWROS Passing to Surviving Spouse Surviving Spouse s Basis in Property Titled as JTWROS Equalizing Estates of Married Spouses Transfer-Within-One-Year-of-Death Rule Chapter 13 Other Federal Tax Considerations Regarding Property Titled as JTWROS Donor s Gift of Gift Tax Annual Exclusion Amount to Donor s Child and Child s Spouse Disclaiming Property Titled as JTWROS Simultaneous Death of Co-Tenants Transferring Property Titled as JTWROS to a Trust Severing Survivorship Element of Property Titled as JTWROS Part Five: Endnotes