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Carve out an estate tax exception

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in Small Business Tax,Small Business Tax Deduction Strategies

Q. My brother and I own real estate jointly, but he made the down payment. Will the property be included in my estate if I die first? Las Vegas

A. Not necessarily. Assuming you own the property as joint tenants with rights of survivorship (JTWROS), it would normally be included in the estate of the first one to die. However, there’s an exception to this JTWROS rule if it can be proven that part or all of the payment for acquiring the property was provided by the other joint tenant.

Tip: Make sure you can document that your brother paid the full down payment.

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