On 7/29/2021 5:49 PM, Stuart O. Bronstein wrote:
> D L <debbie.l...@gmail.com
>> If there are three joint owners of real estate and one of the
>> dies, does the property get excluded from the gross estate since
>> it was jointly owned by three owners? Thanks.
> If you're talking about estate tax (and remember there's a lifetimes
> gift/estate tax exemption of $11,700,000 for people who die this year),
> the rule is this: the first joint owner to die is presumed to be the
> owner of 100% of the jointly owned property, so it's all included in
> his estate, except to the extent that the other joint tenant(s) can
> show that they contributed to the purchase.
> So, for example, if the property was worth $1 million on the date of
> death, that's all included in the estate of the first to die, unless
> the others prove that they contributed to the purchase. If they can
> show that they paid for half the purchase price, then only half the
> value is included in the gross estate.
Just to clarify a bit for anyone reading:
OP said "joint owners". That may or may not mean held as "joint tenants
with right of survivorship".
Stuart's replies pertain to the case where the property is held as joint
tenants with right of survivorship.
If OP meant, by "joint owners"m that the property was held as tenants in
common, then the decedent's value in the property is included in
decedent's estate. Decedent's value may be less than his proportionate
share of the value of the property as a whole, due to partnership