Legal Question in Wills and Trusts in California
I live with my elderly mother, How can her owned home pass to me without probate or losing Proposition 13 statuss?
Asked on 8/06/12, 12:11 am
2 Answers from Attorneys
Prop. 13 assessment value is retained in any parent to child transfer as long as the proper paperwork is processed with the county recorder. To avoid probate you would either have to be made joint tenants or have the property pass through a trust. Since a gift of joint tenancy would have seriously adverse tax consequences in all but a tiny minority of situations, however, the only real option is a trust.
Answered on 8/06/12, 1:03 am
Anthony Roach
Law Office of Anthony A. Roach
I agree with Mr. McCormick. To claim the exemption from reassessment, the proper form should be filled out, which is known as a preliminary change of ownership form. That can be done with either a trust or a joint tenancy.
Answered on 8/06/12, 2:52 pm