Legal Question in Wills and Trusts in California

My mom had a revocable trust, she passed and concerning my property taxes total net taxable value is 464.26 total due is 545.68, they also sent a supplemental bill for 543.68, the property is still in the family what is the supplemental bill for? Isn't that if the property changes hands outside the family?


Asked on 5/26/10, 1:00 pm

3 Answers from Attorneys

Michele Cusack Pollak & Cusack

You have to file a Claim for Exclusion from Reassessment for Parent Child Transfer (with the County Assessor's Office) in order to avoid being reassessed.

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Answered on 5/26/10, 4:08 pm
Anthony Roach Law Office of Anthony A. Roach

It sounds like someone messed up when they did the estate planning. A supplemental bill is usually increased taxes for a reassessment, which occurs when property is sold. I suggest you have an attorney review what happened, as it is too late to amend the trust now.

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Answered on 5/26/10, 4:15 pm
Ken Koenen, LLM Law Office of Ken Koenen

There is an exclusion for a partent to child transfer, but it must be claimed. Another issue is that if it is transferred to a brother and sister, for example, and then one of them transfers to the other one, a change in ownership for 1/2 of the property does take place, and reassessment will be made on that 1/2. You need some legal counsel to verify what took place.

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Answered on 5/26/10, 4:48 pm


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