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Thanks. 2036 specifically mentions trusts, and I was told that the IRS has applied this rule to estates where the house has been transferred into a trust to lower the value of the taxable estate but the decedent has "retained enjoyment". We will have to consult a tax expert CPA to be certain.

Duplicate

Two different trust attorneys. Yes and yes. No cpa yet. Yes

An irrevocable trust was created by the grantor in 2021. Purpose - stop arguments among heirs. Trust included an investment account and the grantor's house. House never rented. Grantor died a couple of years later and the house was sold recently. Two conflicting opinions on capital gains...