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borders2
New Member

If a spouse dies and the surviving spouse subsequently sells their home deeded as joint tenants with rights of survivorship, is the sale included on the estate return?

My mother passed away in 2/2018 and my father subsequently sold their home, which was deeded as joint tenants with rights of survivorship, is this property viewed as inherited and thus, included on the estate return (1041) or can it simply be included on the survivor's personal return?

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tagteam
Level 15

If a spouse dies and the surviving spouse subsequently sells their home deeded as joint tenants with rights of survivorship, is the sale included on the estate return?

"... can it simply be included on the survivor's personal return?"

I am sorry for your loss. Joint tenants with right of survivorship (JTWROS) property passes entirely outside of the deceased joint tenant's estate. 

As a result, the property sale would not be included in an estate income tax return (1041). The property passed (outside your mother's estate) to your father, who would have had 100% ownership at the time of the sale; the sale would be reported on your father's personal income tax return (e.g., 1040).

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1 Reply
tagteam
Level 15

If a spouse dies and the surviving spouse subsequently sells their home deeded as joint tenants with rights of survivorship, is the sale included on the estate return?

"... can it simply be included on the survivor's personal return?"

I am sorry for your loss. Joint tenants with right of survivorship (JTWROS) property passes entirely outside of the deceased joint tenant's estate. 

As a result, the property sale would not be included in an estate income tax return (1041). The property passed (outside your mother's estate) to your father, who would have had 100% ownership at the time of the sale; the sale would be reported on your father's personal income tax return (e.g., 1040).

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