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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.