Legal Question in Tax Law in California

How can I avoid property tax basis increase while passing a house from my grandma to me the grandchild? In California. My Mom, her daughter, is alive. Is this possible? A trust has already been created, I hope it's not too late. Grandma died.


Asked on 9/16/10, 5:38 pm

1 Answer from Attorneys
Scott Brear Law Practice of Scott Irvin Brear

There are provisions in California law to avoid this. A Preliminary Change of Ownership Report must be filed. This establishes the basis upon which the transfer is happening. Generally, transactions between spouses or from grandparents to children, etc do not give rise to a Proposition 13 reassessment. Trusts are also included. The point is that you should be able to avoid the increase using the PCOR form. I assume the property was in Grandma's trust? If so, her death would not defeat your exception request. Get a PCOR form and you will understand this better.

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Answered on 9/22/10, 8:36 pm


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