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If clients ask CPAs about the effect of different types of ownership on the ability of creditors to attach liens, they should say it appears ownership as tenants by the entirety is ineffective as a means of preventing a federal tax lien from attaching to a property. 2040(b), half the value of any property held by a decedent and his spouse as tenants by the entirety or as joint tenants with right of survivorship (when the decedent and spouse are the only joint tenants) is included in the gross estate of the first spouse to die, regardless of the source of the consideration for the property. |3~ Accordingly, in the case of a husband and wife who acquired property as JTWROS or as tenants by the entirety before 1977 and where one of those spouses dies, 100% of the value of the jointly owned property may be includable in the decedent spouse's gross estate, except to the extent the surviving spouse can prove contribution to the acquisition of the property. |
Tenants by the entirety |
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