Legal Question in Wills and Trusts in California

what form is needed in calif for stopping the taxes to be reassested by three benificaries not living in the same state


Asked on 1/28/11, 11:22 am

2 Answers from Attorneys

Frankie Woo Fiducia Legal

You can find exemptions from reassessment forms from the Assessor's office of your county. You need to make sure that your situation qualifies for that exemption. In California, a parent-child transfer is exempt from reassessment, but you need to file the claim within 3 years.

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Answered on 2/08/11, 1:47 pm
Anthony Roach Law Office of Anthony A. Roach

When the distribution deed is prepared, the trustee should have submitted a PCOR form (Preliminary Change of Ownership, pronounced "peek core"), that accompanies the deed to the recorder's office. Typically, it is filled out in escrow and accompanies the deed when recorded. Information which the new owner furnishes on this form will assist the Assessor to determine whether or not there is a reappraisable change in ownership; and if so, the fair market value of the property. The Recorder�s Office will add a fee for any deed recorded without a PCOR. It must be signed by the new owner, not an agent.

The PCOR form contains the exceptions to reassessment. You sound like you have an exclusion from reassessment pursuant to Revenue & Taxation Code section 63.1 subd. (c)(9).

The exclusion must be timely claimed by you, however, otherwise entitlement to the exclusion is forfeited and the property is reassessed. (Empire Properties v. County of Los Angeles (1996) 44 Cal.App.4th 781, 789-790.)

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Answered on 2/09/11, 10:26 am


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