Call Now (800) 681-1295

What joint interests are included in the gross estate?

Table of Contents

    Generally, co-tenancies with a right of survivorship are included in the gross estate of the first joint tenant to die. This includes joint tenancies, tenancies by the entirety, joint bank accounts, etc. Excluded are forms of co-ownership without survivorship, i.e. tenancies in common, and community property, etc. The estate tax is not limited to the value of the decedent’s undivided interest. Rather, it extends to the full value of the joint tenancy property except what originally belonged to the survivor or was not acquired by the survivor from the decedent for less than full consideration. Likewise, where a joint interest was acquired by gift, bequest, devise, or inheritance from a third party, only the value of the fractional interest of the deceased joint tenant is included in the decedent’s gross estate.

    As between a husband and wife the Code provides that for “qualified joint interests” only half of the value of the property is includible in the gross estate of the first to die. A “qualified joint interest” is any interest held by a decedent and the decedent’s spouse that is either: 1) a tenancy by the entirety, or 2) a joint tenancy with right of survivorship, but only if the decedent and decedent’s spouse are the only joint tenants. With regard to community property, each spouse is recognized as having a present, vested, one-half interest in all community assets. Upon the death of either spouse, only the deceased spouse’s one-half of the community property is therefore taxable.

    BBB Rating

    Tax Help Videos

    Representing Clients from U.S. and International Locations Regarding Federal and California Tax Issues

    Main Office

    Orange County
    2601 Main St. Penthouse Suite
    Irvine, CA 92614
    (949) 681-3502

    Our headquarters is located in Irvine, CA. Our beautiful 19,700 office space is staffed full-time and always available for our clients to meet with our highly qualified and experienced staff of Attorneys, Certified Public Accountants and Enrolled Agents. We also offer virtual consultations and can travel to meet with clients in one of our satellite offices.

    Outside of our 4 hour initial consultation option, we do not charge travel time or travel expenses when traveling to one of our Satellite offices, or surrounding business districts, where it is necessary to meet personally with taxing authority personnel, make court appearances, or any in person meeting deemed necessary for the effective representation of a client. To make this as flexible, efficient, and convenient as possible, David W. Klasing is an Instrument Rated Private Pilot and Utilizes the Firms Cirrus SR22 to service client’s in California and in the Southwest by air. Offices outside these areas are serviced via commercial jet airlines. None of these costs are charged to our clients.

    Satellite Offices

    (310) 492-5583
    (760) 338-7035
    (916) 290-6625
    (415) 287-6568
    (909) 991-7557
    (619) 780-2538
    (661) 432-1480
    (818) 935-6098
    (805) 200-4053
    (510) 764-1020
    (408) 643-0573
    (760) 338-7035
    (602) 975-0296
    New Mexico
    (505) 206-5308
    New York
    (332) 224-8515
    (512) 828-6646
    Washington, DC
    (202) 918-9329
    (702) 997-6465
    (786) 999-8406
    (385) 501-5934