The estate tax consequences can get even uglier if the joint owners are not married. The asset's entire value will be included in the estate of the first joint owner to die unless the other joint owners can establish they made a contribution to purchase the asset. Consequently, two unmarried individuals owning an asset jointly can incur estate tax on its entire value twice: Once when the first joint owner passes away, and again when the second joint owner passes away. In other words, two unmarried joint owners can end up paying estate tax on 200% of the value of their jointly owned asset.
Fortunately, individuals can enjoy all of the benefits of joint ownership without all of the negative estate tax consequences by transferring their assets to a carefully drafted trust. Assets in a trust can be passed to descendants without going through probate. The trust can also be drafted to provide certain creditor protection features which are similar to a tenancy by the entirety . In addition, the trust's creators can name themselves as trustees, and thereby retain control over the assets transferred to the trust during their lifetimes.
In writing this post, I do not wish to suggest that people should change the ownership structure of their assets without consulting with a qualified lawyer. Each taxpayer's situation is unique, therefore a technique that is appropriate for a certain individual may produce disastrous results for someone else. If you have any questions about the estate planning techniques discussed in this post, please don't hesitate to leave a comment or contact me directly.
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