Legal Question in Real Estate Law in California

Dad died. house QUIT CLAIM DEED on moms name
Hi, my dad passed away last may 07, my mom and dad was joint tenant on owned and payed off house. So lawyer quitclaim deed the house on my moms name and also affidavit-death of joint tenant with death certificate attached and it went through the county, we live in california. 2 months before my dad passed away, we made our patio to a room to the same house with county permit. Also the quit claim deed says ''revocable trust transfer exempt from reappraisal under proposition 13''.....What does that mean,,,also we received notification of assessed value, in general info it says: prop 13 provides that real property must be appraised at market value upon change in ownership or upon complation of new constuction.......I feel like we are missing something to file. Or we gonna get huge tax,,,,plzzzzzzzz help i am not familiar with this at all....Also revocable living trust was made to my brother,,what does that mean in the future for him.,will he have to pay taxes or no..How do i find out if my dad did appraise the property after adding a room...

Asked on 6/03/08, 5:31 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Dad died. house QUIT CLAIM DEED on moms name

A change of ownership of a half interest from husband to wife because of the husband's death will not cause the house to be reappraised for tax purposes if the paperwork is handled properly, and it sounds as though it probably was. On the other hand, the completion of an addition will increase the value and hence the taxes. The amount of increase should be related to the cost of the addition.

Answered on 6/03/08, 11:51 am

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