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Tax Basis in Probate: The Step-Up No One Documented and the Sale That Can’t Close

Most estates never file a Form 706 — and the step-up dies undocumented. Learn to build a defensible date-of-death basis file, compute gain from the stepped-up basis, report the sale on Form 1041, and manage FIRPTA and state withholding at closing.

2026-10-23 14:30:00

Program Details

2026-10-23 14:30:00

2026-10-23 14:30:00

2h CLE Credits

2026-10-23 14:30:00

Program Details

2026-10-23 14:30:00

Program Details

2026-10-23 14:30:00

Over 1,000+ webinars

2026-10-23 14:30:00

Course Overview

No Form 706 doesn't mean no basis problem — it means no basis proof.

2026-10-23 14:30:00

The rules changed for the estates everyone assumed were simple. T.D. 9991’s final regulations took effect September 17, 2024, redrawing the documentation landscape for sub-threshold estates. These estates will never file a Form 706 — and never generate the reporting that Form 8971 provides. The IRC § 1014 step-up still applies; proving it is now the practitioner’s job.

The consequences arrive at the sale. Skip the date-of-death appraisal, and the beneficiary cannot prove stepped-up basis decades later. Claim a step-up on an asset that never qualified, and the return invites adjustment. Report the sale wrong on Schedule D and Form 8949, and the 3.8% NIIT stacks on compressed estate brackets. Miss FIRPTA or state nonresident withholding, and liability surfaces at the closing table.

This program delivers the working files. Attendees leave with a framework for building the date-of-death basis file, asset by asset — real estate, securities, and closely held business interests. They also gain a working framework for estate real property sales on Form 1041: gain computation, K-1 allocation, the 65-day election, and withholding at closing. That is executor-facing judgment no software substitutes for.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Sub-Threshold Basis Risk
Why estates below the federal filing threshold — the ones that will never file a Form 706 — create the greatest basis-documentation risk, and how to act for executors and beneficiaries before comparable data disappears.
02
Step-Up Legal Framework
How IRC § 1014, T.D. 9991’s final regulations effective September 17, 2024, and what Form 8971 does not cover define the documentation standard for sub-threshold estates.
03
Building the Basis File
Asset-by-asset documentation standards for real estate, securities, and closely held business interests — including which assets receive no step-up, the common mistakes to prevent, and the record-retention obligations that run for the entire holding period.
04
Form 1041 Reporting
Computing gain or loss from the stepped-up basis and selling expenses, and reporting the sale on Schedule D and Form 8949 with the 3.8% NIIT stacked on compressed estate rate brackets.
05
Allocating Capital Gains
When capital gains stay with the estate versus pass through to beneficiaries on Schedule K-1 under the DNI rules, and how the final-return pass-through and the 65-day election change the answer.
06
Withholding at Closing
FIRPTA obligations when the decedent was a nonresident alien, state nonresident withholding when the estate and the property sit in different states, and the reporting errors — personal-use property traps, omitted 1099-S sales, installment sale defaults — that create liability.

Program schedule

clock 2:30 pm - 3:30 pm EST

Building the Date-of-Death Basis File When No Estate Tax Return Will Be Filed

This session covers how to build a defensible date-of-death basis file for estates that fall below the federal estate tax filing threshold and will never produce a Form 706. Attorneys will learn the IRC § 1014 step-up rules, the asset-by-asset documentation standards for real estate, securities, business interests, and other property, and the record-retention obligations that run for the entire holding period. Attendees will leave with a practical framework for advising executors and beneficiaries on preserving the step-up before comparable data disappears.

Gary D. AltmanGary D. Altman
clock 3:40 pm - 4:40 pm EST

Selling Estate Real Property: Gain, Loss, and Withholding on the Form 1041

This session walks attorneys and tax practitioners through the complete lifecycle of a real property sale by an estate: computing gain or loss from the stepped-up basis, reporting on Schedule D and Form 8949 within Form 1041, navigating the 3.8% Net Investment Income Tax under the compressed trust and estate brackets, and managing FIRPTA and state nonresident withholding at the closing table. Attendees will learn how capital gains are allocated between the estate and beneficiaries, when losses pass through on Schedule K-1, and how common reporting errors — including personal-use property traps, omitted 1099-S sales, and installment sale defaults — create liability. Practitioners will leave with a working framework for advising executors, closing attorneys, and accountants on real property estate dispositions reported on Form 1041.

Gary D. AltmanGary D. Altman
Gary D. Altman

Gary D. Altman

Altman & Associates

Gary D. Altman

Gary D. Altman

Altman & Associates

Gary D. Altman is the Founder and Chair of Altman & Associates, a Washington-metropolitan-area law firm whose practice areas include trust and estates taxation, probate and estate administration, and estate planning. He has practiced law since 1980 and holds an LL.M. in Taxation from Georgetown University Law Center, pairing tax training with nearly three decades of practice devoted exclusively to estate planning. His work includes counseling clients on wealth transfer, contested estates, trusts, and probate matters.

Education & Credentials

Mr. Altman earned his J.D. from New York University School of Law in 1980 and his LL.M. in Taxation from Georgetown University Law Center in 1992, after receiving a B.S. from Wesleyan University in 1977. He is credentialed as an expert witness on fiduciary matters, has been a member of the Society of Trust and Estate Practitioners (STEP) since 2010, and has held the Certified Financial Planner professional designation since 1988. He is admitted to practice in the District of Columbia (1980), Maryland (1992), Virginia (2016), and New York (2016).

Recognition & Leadership

Washingtonian and Bethesda magazines have repeatedly named Mr. Altman among the region's Best Estate Planners, Worth magazine has recognized him as a Top 100 Attorney, and he has been named Maryland and Washington, DC Super Lawyer. He has authored articles for The Washington Post, The NY Times, The Wall Street Journal, and The Journal of Financial Advisors, has appeared on FOX News, and writes the estate planning blog Altman Speaks. He is a past President and Chairman of the National Capital Area Chapter of the Financial Planning Association and of the National Capital Chapter of the Society for Financial Service Professionals, and past President and Chairman of the board of Hope Connections for Cancer Support.

Professional Involvement

Mr. Altman's memberships center on the estate and tax bar, including the Steering Committee of the DC Bar Estates, Trusts, Probate Law Section, the District of Columbia and Maryland Estate Planning Councils, and the Society of Trust and Estate Practitioners, alongside the American Bar Association, the Maryland State Bar Association, and the District of Columbia Bar Association. He has taught estate planning courses to attorneys, accountants, and financial planners.

Experience

Mr. Altman's practice concentrates on trust and estates taxation and probate and estate administration, together with wills, trust law, asset protection, and tax and business succession planning. He represents individuals, couples, high net worth families, corporate fiduciaries, businesses, and charitable organizations in disputes involving wills and trusts, and serves as an expert witness in trust, estate, and investment management litigation.
Gary D. Altman

Gary D. Altman

Altman & Associates

Gary D. Altman is the Founder and Chair of Altman & Associates, a Washington-metropolitan-area law firm whose practice areas include trust and estates taxation, probate and estate administration, and estate planning. He has practiced law since 1980 and holds an LL.M. in Taxation from Georgetown University Law Center, pairing tax training with nearly three decades of practice devoted exclusively to estate planning. His work includes counseling clients on wealth transfer, contested estates, trusts, and probate matters.

Education & Credentials

Mr. Altman earned his J.D. from New York University School of Law in 1980 and his LL.M. in Taxation from Georgetown University Law Center in 1992, after receiving a B.S. from Wesleyan University in 1977. He is credentialed as an expert witness on fiduciary matters, has been a member of the Society of Trust and Estate Practitioners (STEP) since 2010, and has held the Certified Financial Planner professional designation since 1988. He is admitted to practice in the District of Columbia (1980), Maryland (1992), Virginia (2016), and New York (2016).

Recognition & Leadership

Washingtonian and Bethesda magazines have repeatedly named Mr. Altman among the region's Best Estate Planners, Worth magazine has recognized him as a Top 100 Attorney, and he has been named Maryland and Washington, DC Super Lawyer. He has authored articles for The Washington Post, The NY Times, The Wall Street Journal, and The Journal of Financial Advisors, has appeared on FOX News, and writes the estate planning blog Altman Speaks. He is a past President and Chairman of the National Capital Area Chapter of the Financial Planning Association and of the National Capital Chapter of the Society for Financial Service Professionals, and past President and Chairman of the board of Hope Connections for Cancer Support.

Professional Involvement

Mr. Altman's memberships center on the estate and tax bar, including the Steering Committee of the DC Bar Estates, Trusts, Probate Law Section, the District of Columbia and Maryland Estate Planning Councils, and the Society of Trust and Estate Practitioners, alongside the American Bar Association, the Maryland State Bar Association, and the District of Columbia Bar Association. He has taught estate planning courses to attorneys, accountants, and financial planners.

Experience

Mr. Altman's practice concentrates on trust and estates taxation and probate and estate administration, together with wills, trust law, asset protection, and tax and business succession planning. He represents individuals, couples, high net worth families, corporate fiduciaries, businesses, and charitable organizations in disputes involving wills and trusts, and serves as an expert witness in trust, estate, and investment management litigation.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs