Harold and Mary are married and live in a community property state. During the marriage Harold bought a parcel of real estate for $100,000 in community funds and titled the property in his name alone. Mary died on January 30th of this year and was survived by Harold who did not remarry. The parcel of real property was worth $250,000 on January 30th of this year but was only worth $220,000 at year end. What amount, if any, is included in Mary's gross estate?

Question

Quizplus · Accepted Answer

In community property states, both spouses have an equal ownership and management interest in community property acquired during marriage. Therefore, half of the value of the property ($125,000) is included in Mary's gross estate, regardless of the fact that Harold held title to the property in his name alone. The decrease in value to $220,000 at year end is not relevant for estate tax purposes.

Harold and Mary Are Married and Live in a Community