Death of a spouse and rental property sold earlier in the year

[kppece]

We sold a rental property we owned jointly in February, then my spouse died in November.  Do I get a stepped up basis on his half of the property when calculating whether there is any gain on the sale of the property?  We lived in a common law, not a community property state. 

[M-MTax]

Sorry for your loss, but you do not get a stepped-up basis merely because you sold in the same tax year prior to the passing; you get the step up if you sell after the passing, however.

[kppece]

Thank you for that info. It's all over whelming