Legal Question in Real Estate Law in California
transferring ownership
My aging parents have a condo that we want to transfer ownership of, to avoid losing it should they need be put in assisted living-Q-how many years (under new owners)have to pass before it can not be touched.?
1 Answer from Attorneys
Re: transferring ownership
I would start by looking at the statute of limitations written into the California version of the Uniform Fraudulent Transfer Act, Civil Code section 3439.09....seven years in some cases, four years in others. There may be other applicable laws. Further, transferring property especially for less than fair value may have very bad tax consequences, as it would be treated as a partial or complete gift. You need to consult a lawyer who knows estate planning inside and out to find out if this is the way to go; fruaudulent transfers are bad stuff for both the transferor and the transferee, and transfers of appreciating real property are a horrible tax trap compared with the alternative (transfer at death by will or trust).
Transfers of property for less than fair market value, especially between family members, when the purpose or effect is to "hinder, defraud or delay" an existing or prospective creditor (including MediCal) are considered fraudulent and can be un-done in court, effective back to the date they were done. Cicil Code sections 3439 to 3439.12.