Nowhere do I see where it was asked or determined if you live in a community property state. If you do this has a direct impact as Federal tax code section 1014(b)(6) provides that community property assets step up 100 percent in basis at the death of one spouse (even though the other spouse survives). If your Mom lives in a community property state her basis would also be increased to the FMV on the date her spouse died.
Community property states include: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
