Personal Injury Lawyers
of Long Island

(631) 801-0057

  • Home
  • Credentials Matter
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Workers Compensation
    • Medical Malpractice
    • Wrongful Death
    • Cruise Accident
  • Blog
  • Free Case Evaluation

July 24, 2019 by PILLI Law

Is Jointly Owned Property a Good Estate Plan?

Personal Injury Lawyer

There are many different estate planning tactics that are beneficial in the right circumstances. If you’re married, one of the most common strategies is joint ownership of some kinds of assets. This helps in the case when one spouse dies, so the surviving spouse does not have to pay estate taxes or go through probate (for individuals that have a will).

Gifts and Estate Tax Exclusion Limits

Planning ahead is critical if you want to preserve as much of your estate for your family as is legally possible. You can start by gifting cash to heirs tax-free; the annual gift exclusion amount for 2019 is $15,000, and if you’re married, both you and your spouse may give up to that amount.

The estate tax exclusion limits were recently raised to $11.4 million per individual and $22.8 million for a married couple. This means that if your estate is worth $22.8 million or less, you are excluded from federal estate taxes when your estate is handed to your heirs. It is possible to gift any funds over and above this amount to your heirs, and you may even set up a trust for the surviving spouse to maintain control of, especially if the beneficiaries are not ready to receive their gift.

Jointly Owned Real Estate

Having a property held by both spouses is advantageous at the time that one spouse dies. If the property has significantly appreciated in value, only one-half of the current fair market value will be taxable while the other half will remain at the original tax level at the time of purchase. Compare this to if the property were held in the name of the spouse that passes – the entire current fair market value would be taxable at long-term capital gains tax rates, which is the same as income tax. This may be advantageous if the surviving spouse does not wish to sell the property.

If only one spouse owns the property and the surviving spouse would like to sell after their passing, the tax basis would increase on the entire property and property sale could go through without paying capital gains taxes. This rule is also applicable to other investments like stocks, mutual funds, businesses, and other assets.

Ensure Your Estate Benefits Your Heirs

Often, the jointly owned property does not give many benefits until both spouses own at least $1 million worth of property. Avoiding probate is one advantage of utilizing joint ownership, but this advantage goes away with the death of the second spouse, leaving your heirs to deal with the costs and that time-consuming process. This becomes irrelevant, however, if you set up a living trust. It is important to speak with an experienced Folsom estate planning lawyer to understand the most current laws and ensure your estate provides your family with the maximum benefits possible.

 


 

Thanks to the Yee Law Group for their insight into estate planning and jointly owned property.

Filed Under: Uncategorized

  • Home
  • Credentials Matter
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Workers Compensation
    • Medical Malpractice
    • Wrongful Death
    • Cruise Accident
  • Blog
  • Free Case Evaluation

LONG ISLAND PERSONAL INJURY RESOURCES

Long Island Personal Injury Law Firm
Long Island Personal Injury Lawyer
Long Island Car Accident Lawyer
Long Island Workers Compensation Attorneys
Long Island Medical Malpractice Attorneys
Long Island Wrongful Death Lawyer
Long Island Cruise Accident Attorneys
Free Legal Advice
Legal and Financial Advisor Rockville MD
Car Accident Lawyer Long Island NY
Long Island Truck Accident Attorney
Auto Accident Lawyer Long Island
Long Island Car Accident Lawyers
Long Island Auto Accident Lawyer
Long Island Car Accident Attorney
Car Accident Injury Lawyers Indianapolis IN
Who is the Top Bankruptcy Lawyer in Cypress, TX Civil Rights Litigation Lawyer Washington, D.C.
Personal Injury Blog
Denver Bicycle Accident Lawyer
Bus Accident Lawyer Los Angeles CA

Location

500 Merrick Road
Suite 200
Rockville Centre, NY 11570
(631) 801-0057

Free Consultation

Request a free consultation with one of Washington DC's premier personal injury law firms.

Request Free Consultation

No Legal Advice Intended. This website includes general information about legal issues and law practices. Such materials are for informational purposes only and should not be considered legal advice or counsel. Information may not reflect current legal standards. For legal advice specific to your needs, contact an attorney licensed in your jurisdiction. Do not rely on any statement on this website for any reason whatsoever. Furthermore, the information contained in this website is for informational purposes only. It is not, nor is it intended to be, legal advice or representation. Your review or use of this web site, its information and links does not create an attorney-client relationship or an attorney-client privilege between this law firm and you. Statements made to this firm before the formation of an attorney-client relationship may not be privileged and confidential.



© COPYRIGHT 2025 LONG ISLAND PERSONAL INJURY LAWYERS | POWERED BY Matador Solutions - Internet Marketing Company

Other Resources
American Bar Association | The American Lawyer | National Lawyers Association | Lawyers Without Borders | American College of Trial Lawyers | American Bar Association | National Association of Women Lawyers | Lawyers Associated Worldwide | Cohen & Cohen P.C. | Auto Accident Lawyer DC | Auto Accident Lawyers Washington DC