Legal Question in Real Estate Law in California
My father is 90, has cancer, he has a small California house that he owns outright (never had a loan) worth about $85,000 he wants to put both daughters name on it now. Should he use a quit claim deed?
2 Answers from Attorneys
No, he should have a will or trust drafted to avoid adverse tax consequences.
It would be a very bad mistake to put the daughters names on it now. It will trigger a property tax reassessment unless he properly claims an exemption, and possibly trigger gift taxes. It will also receive unfavorable capital gains treatment when the daughters go to sell it. If he puts it in a simple living trust, it can pass to the daughters when he dies, without probate, tax free, with the property taxes frozen at current value, and capital gains will only be owed on any appreciation in the value between when he dies and when the property is sold.