Legal Question in Real Estate Law in California

Affidavit Death of Joint Tenant

My wife's father died in 1991. The Property is deeded as joint

tendancy. We want to remove the father's name from the deed and

need to execute the above document. On the document there is a

question asking value of real and personal property at death. The

concern is by executing this document it will cause a new

assessment of the property and greatly increase property taxes. I

am also concerned that these taxes could be prorated back to

1991. Is this correct? If so, is there a way to remove the father from

the deed without triggering new taxes?


Asked on 3/03/04, 2:18 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Affidavit Death of Joint Tenant

You are correct. This was done poorly. Your wife cannot inherit her parent's house without a new assessment. Worse, since she was a joint tenant her basis for tax purposes is now 1/2 of the value of the house at dad's death. Upon sale of the house there will be substantial capital gains due which could have been avoided.

Your wife will suffer from "do it yourself" planning.

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Answered on 3/03/04, 2:37 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Affidavit Death of Joint Tenant

I am not in total agreement with Mr. Roth. While there will be an acceleration of basis on only half the property, Alameda County will allow for a transfer between parent and child to avoid an increase in property taxes. It requires a special application to be completed, and the time fram for requesting this information may have passed.

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Answered on 3/03/04, 3:11 pm


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