Legal Question in Wills and Trusts in California
inheriting a house
My parents set up a trust in 2001. My Dad passed way in 2002. House sold. Mother moved to another house that they brought in 1999, same state & county, but different city.
Mother passed way at end of 2008. In the trust, the house goes to my sister. House purchased in 1999 for about $200,000. House current valued at about $275,000, no mortgage. Other asset, cash under $20,000. No probate required.
How to go about changing title of house to my sister's name so she doesn't incur any transfer tax or reassement of property tax. It should be step up value.
4 Answers from Attorneys
Re: inheriting a house
the trustee of this trust should retain a qualified attorney to provide advice and any necessary documents in connection with legal, tax and other aspects of the administration of the trust by the fiduciary.
Re: inheriting a house
Deed to transfer title -
also I would prepare a parent/child exemption form re keeping property taxes same
Yes - step up
Do this all the time, email if you want assistance
Re: inheriting a house
I assume the properties are all in California. The house gets a stepped up basis on your father's death and then your mother's. You need to file with the local assessor a form requested an exemption of any increase in assessments because it was a husband to wife tranfer. You may need to file for your father a death of joint owner form. On your mother's death, the whole house is stepped up to its fair market value at the date of her death, although with the price drops you might not want that. Cal the County up to see what papers they want to make the transfer to title to your sister.
Re: inheriting a house
I assume the properties are all in California. The house gets a stepped up basis on your father's death and then your mother's. You need to file with the local assessor a form requested an exemption of any increase in assessments because it was a husband to wife tranfer. You may need to file for your father a death of joint owner form. On your mother's death, the whole house is stepped up to its fair market value at the date of her death, although with the price drops you might not want that. Cal the County up to see what papers they want to make the transfer to title to your sister.