The Joys of Disclaiming
Jan 01, 2015OUTCOME: Capital Gain Taxes Prevented
Client's spouse died, leaving half of personal residence to adult children via joint trust with client. We convinced the adult children to disclaim (refuse to inherit) the inheritance so it would go to ... client per remainder provisions of trust. Once client passes away, children will inherit the whole personal residence and receive a step-up in cost basis to fair marktet value on client's death, on the entire personal residence as opposed to only half. Client's children will thus avoid (likely) high long-term capital gain taxes.
