If a couple co-own a house and 1 dies, would the surviving spouse pay inheritance tax on the other’s half?

Could you sell the house with a deceased name on the deed?

Asked on July 25, 2012 under Estate Planning, Alabama


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under federal and state inheritance taxes, it is the estate of the deceased person that pays all estate taxes upon death and not the surviving spouse.

For example, if the husband dies and his assets from separate and marital property are $2,000,000, then his estate pays federal and state inheritance taxes on this $2,000,000, not his surviving spouse.

Before the jointly owned house with the deceased person's name on it is sold, title has to be transferred to the person who receives it upon death via a trust, Will or administration where there is no Will or trust.

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