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State Residency & Homestead

Alaska / Tennessee Community Property Trust — Double Step-Up in Common-Law States

Common-law state residents put assets in AK/TN Community Property Trust to unlock §1014(b)(6) double step-up at first death.

Overview

Only 9 states are community property (CA/AZ/NV/NM/TX/LA/WA/WI/ID). Residents of the other 41 states can nonetheless establish a Community Property Trust in Alaska, Tennessee, South Dakota, Kentucky, or Florida — treating specified assets as community property for §1014(b)(6) purposes. At first spouse's death, BOTH halves of trust assets step up to FMV, erasing the surviving spouse's built-in gain. On $2M brokerage with $500K basis, doubles step-up saves ~$225K in future cap gains. Requires trustee in situs state.

Best fit
Common-law state married couplesLong-hold appreciated portfoliosEstate planners in NY/NJ/IL/MA/etc.
Estimated impact
$100K–$500K+ in future cap gains eliminated

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