If I transfer real property (i.e. my home) into a family (Grantor) trust will my heirs lose the benefit of a stepped up

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Customer: If I transfer real property (i.e. my home) into a family (Grantor) trust will my heirs lose the benefit of a stepped up basis upon my death?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No. I'm just doing some estate planning and have a family trust but want to know if transferring real property into the trust would then prohibit my heirs from getting a stepped up bases in that property at my death.
JA: Family law varies by state. What state are you in?
Customer: Utah
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No.
Answered by Attorney Matt in 1 min 5 months ago
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Attorney Matt
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Attorney Matt
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Attorney Matt
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Attorney Matt, Expert

Hello. This is Attorney Matt!

You have reached Just Answer, a paid Q&A site. Just Answer Attorneys like me can answer questions or discuss issues on your inquiry, query, or case. However, we cannot represent you. It is for information purposes only. I can still answer questions.

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Attorney Matt, Expert

To confirm, this trust you plan to create (the grantor's trust) will be revocable, not irrevocable. Is that right?

Customer
I already have the trust set up.
Customer
It is revocable.
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Attorney Matt, Expert

Thank you for the clarification. Your heirs will get the step-up in the property value because the trust is revocable and remains in the estate of the decedent upon death. Only if the trust was irrevocable would the property not receive a step up.

Customer
Would this also be true if I owned a piece of real estate as a property partner in a partnership and transferred my partnership interest into the trust?
Customer
Clarification: owned real estate as a partner in a partnership and transferred partnership interest into a revocable trust
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Attorney Matt, Expert

It should apply in that situation also. For example, at death, any assets owned in an LLC (I know you did not say it was an LLC) will get a step-up in basis for any share owned by the decedent. With a step-up basis rule, any gains are calculated based on the asset's value at the time of death rather than at the time of purchase.

Customer
Thank you
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Attorney Matt, Expert

You are welcome.

If you think of something else later related to your question, you can let me know.

I have been happy to assist you with this question.

For future questions, you can request me to answer them directly on a new and separate question page after you select me as a favorite expert on your My Questions page underneath my photo.

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Attorney Matt.

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