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Subject:  Re: inheritance tax w/wife not on title Date:  10/11/2001  12:33 PM
Author:  irasmilo Number:  54528 of 127637

First, there are no federal inheritance taxes. There are estate taxes which are based on the value of the estate, not on who receives the assets of the estate. Some states do have inheritance taxes in addition to state taxes (NJ, for example).

If your wife's name is not on the title she does not necessarily inherit your house. It all depends on what your will states and/or what state law dictates if you have no will. She is not an owner unless her name is on the deed (I believe in some states there are other ways to accomplish this without having to re-record the deed, check with a local estate planning attorney). You could leave the house to anyone, even me, if you wish.

My comments may be totally off-base if you live in a community property state, but since you state the house was purchased before marriage, I think not.

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