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Basis Step-up on 2nd spouses death with a bypass trust

geneglaser
Level 1

On the death of the 2nd spouse in a A/B trust arrangement it appears that the basis of real estate in the bypass (decedents) trust does not step up.  That is a general rule.  Is there any situations or authority that will let me step up the basis in the bypass trust.  The real estate is being sold by the trust. 

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1 Comment 1
qbteachmt
Level 15

Probably not, now that they are both dead. Prior to the surviving spouse's death, there are some strategies that might have been considered, depending on the size of the estates/trust, other beneficiaries, creditors, etc.

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