Legal Question in Wills and Trusts in California
Do you have to include non spouse jointly owned assets for example, checking account, or a car as personal property of the decedent? Do I also have to get a tax number, ein. for the estate? She doesn't have any income coming in and I also read that you need to include non spousal jointly owned assets for tax purpose the full amount unless you can prove how much you contribute to the account. Would that be submitted when you do inventory and appraisal? I am in California
Thank You
1 Answer from Attorneys
Joint accounts with right of survivorship are not included in the probate estate (or listed on I&A), although they may be included in the estate for the purpose of federal estate taxes. But since you are asking advice here instead of going to a lawyer, it is not probable that your deceased spouse had a taxable estate (over $5.4 million.) If s/he did, consult a lawyer immediately!
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