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  • 1.  INHERITED STOCK ACCOUNT

    Silver Most Valuable Member
    Posted 03-26-2018 12:13 PM
    A client of ours died last year and left a brokerage account with  Apple stock that was appreciated millions of dollars. The stock was left in an account that he changed to a joint account with only one of his three children. My understanding is if that account was funded entirely by him and the funds were never touched or removed then it is eligible to be thrown back into the estate and can get a step up in basis. My questions if the above assumptions are correct does the asset have to actually go through probate to get the step up or is it enough to simply inlcude the account on the 706 estate return.

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    Gabriel Bentovim
    HOFFMAN & BENTOVIM, CPAs PC
    Commack NY
    631-499-1500
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  • 2.  RE: INHERITED STOCK ACCOUNT

    Platinum Most Valuable Member
    Posted 03-26-2018 04:18 PM

    Gabriel

     

     

    My understanding is that there is no requirement for a the asset to be reported on a 706 or to go through probate in order to get a step up.  However, there is a requirement that it be passed to the beneficiary by reason of Death.  And that it would have been includable in the decedent's estate.

     

    Was the account Joint WROS ?

     

     

    Perhaps one of our members more familiar will take this conversation further.

     

     

    Abby Alhante,  CPA

     

    Kurcias  & Alhante, LLC  CPAs

    525 Broadhollow Road   Suite 104

    Melville NY  11747

    516.829-5890  Fax 516-829-3976

    Mobile 516-381-9301

    AbbyA@KurciasAlhanteCPAs.com

    ( E mail response preferred )

     






  • 3.  RE: INHERITED STOCK ACCOUNT

    Posted 03-27-2018 12:26 PM
    That understanding is correct based on Section 2040, which provides that to the extent you can prove the origin of the funds or property in a joint account, the contents of the account may be allocated accordingly for estate tax purposes.

    If there is no filing requirement for a 706, the step-up will apply regardless of whether a 706 gets filed, but I always advise to file a 706 regardless of requirement to file in order to justify new basis and start the statute of limitations.  Clients are typically averse to the extra expense.

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    Matthew E. Rappaport, Esq., LL.M.
    (516) 558-3377
    mer@merlawfirm.com
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  • 4.  RE: INHERITED STOCK ACCOUNT

    Silver Most Valuable Member
    Posted 03-29-2018 09:28 AM
    Thank you very much for the information

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    Gabriel Bentovim
    HOFFMAN & BENTOVIM, CPAs PC
    Commack NY
    631-499-1500
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Discussion Disclaimer

The opinions expressed are the views of the author alone and should not be attributed to any other individual or entity and shall not constitute an accounting opinion.