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Can a property on a life estate be entitled to a step up in basis? I inherited 1/2 of a property 10 years ago, and the other 1/2 in 2011. The remaining 1/2 had rights to property until death. I realize the 1/2 I inherited in 2011 gets a step up in basis, but what about the 1/2 I inherited 10 years ago. I did not have possession of the property until now.


ANSWER


Expert Mark Anderson's Answer:

If you inherited the property 10 years ago, then the basis will be determined at that time. There is a difference between owning the life estate or receiving it in inheritance and possession of the property. The property's basis is determined when you inherited the property.

Mark Anderson, JD

Montana

21 yrs experience

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