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Irrevocable Trusts May Cost Heirs the Tax-Free Step-Up, IRS Ruling Says
Original: Put Grandma's House in an Irrevocable Trust to Protect It From the Nursing Home and the Kids Will Lose Their Tax-Free Step-Up. The IRS Ruled on It in 2023
Families putting a parent's house into an irrevocable trust to shield it from nursing home costs may be sacrificing a major tax break. A 2023 IRS ruling addressed whether heirs still receive the capital gains step-up at death when the home sits in such a trust. Estate planners warn that protecting assets from Medicaid recovery can complicate or eliminate that benefit, leaving children facing capital gains taxes they expected to avoid.
Why now: The 2023 IRS ruling is prompting renewed debate among families and advisers weighing Medicaid protection against heirs' tax benefits.
Internal Revenue ServiceMedicaid
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