05/28/2026
If you and your spouse own a long-held home, rental property, or brokerage account that has gone up significantly in value, the bigger tax problem ahead may not be estate tax. It may be capital gains tax.
Florida now allows married couples to use a Community Property Trust that can improve the income tax basis adjustment at the first spouse's death. In the right case, that may reduce or even eliminate capital gains tax if the surviving spouse later sells.
But it is not a universal solution. Tenants by the entirety, Florida homestead, divorce risk, and the realistic likelihood of a future sale all matter. For most Florida couples, the planning is asset-by-asset.
Our latest article breaks down who should consider this planning, the major tradeoffs, and the common misconceptions.
Read it at anidjarlaw.com:
https://anidjarlaw.com/florida-community-property-trusts-basis-planning/