January 01, 2003

United States v. Craft (2003, 17:01)

United States v. Craft : Saying Goodbye to Tenancy by the Entirety?

Probate and Property, January/February 2003, Volume 17, Number 1

By Albert F. Rush

Earlier this year, the U.S. Supreme Court issued its long-awaited decision in the case of United States v. Craft, 122 S. Ct. 1414 (2002), holding that a federal tax lien may attach to the interest of an individual spouse in property held in a tenancy by the entirety (T by E). This decision has monumental importance in thirteen states that currently recognize the T by E as a means of protecting marital property, typically a home, from claims against one of the marriage partners. These states are Michigan, Delaware, Florida, Hawaii, Illinois, Indiana, Maryland, Missouri, North Carolina, Pennsylvania, Vermont, Virginia, and Wyoming.

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