pk
Level 15
Level 15

Deductions & credits

@happyDonate ,  while reading through your post and my colleague @Mike9241  reasonable answer , I come up with a slight  different take on this :

 

(a) Start the year with H /S owning 2 shares of the house -- each valued at $100 == $200

( b) when H dies,  under CA laws H's Estate  and that of the W gets step  to FMV ---- the third share does not fall into the  decedent's marital estate and therfore  remains at original basis.

 

(c) when the W passes, her marrital property  ( two shares )  gets step up again  to then FMV ---- the non-marital property i.e the son's share remains at original acquistion basis.

 

Does that make sense ---- the step up in case of passing on an owner  gets a step up  i.e. his/ger marital portion of the Estate.  In Non-Community property  states it is only the decedent's Estate that gets step-up because there is no recognition of Marital property.

 

Is there more I can do for you \?