Legal Question in Wills and Trusts in California

real estate

can a parent make a child co-owners of their home and those maintain the property tax status when they die?


Asked on 4/18/07, 6:23 pm

2 Answers from Attorneys

Gregory Broiles Legacy Planning Law Group

Re: real estate

Yes - however, this is not a good idea, as it will produce a bad income tax result if/when the child later needs to sell the property, and it exposes the property to creditors of the child, including the spouse in the event of a divorce.

The favorable property tax treatment where a property is transferred from a parent (or the parent's estate) to a child is available using traditional estate planning methods such as a will or living trust.

Read more
Answered on 4/18/07, 7:50 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: real estate

you should retain a qualifed estate planning attorney. there are potentially negative gift, estate and income tax consequences of this simplistic plan.

Read more
Answered on 4/19/07, 9:47 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California