Nov 09
07
Re: Capital gains. Can a widow step up house to husbands death even if he is not on her deed, if he paid tax?
Posted by taxliensThe second husband while not on the deed was to have the house until his death according to their trust if he survived her. The property would then go to her children. the marriage lasted 17 years til his death, during which time he did all the repairs, filed joint tax returns and paid property taxes from a joint bank account. He also lived inthe house the entire time of the marriage.
depends on your states laws for property. state law would be the deciding factor in this case. contact the state tax agency and ask them.