QUESTION

Grandma left my brother and I her property in the form of a trust. Our dad(descendant) is deceased but Mom is not. Do we qualify for exclusion?

Asked on Oct 23rd, 2017 on Real Estate - California
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This is in San Francisco, California. The house was 100% owned by my grandma and uncle, 50% each. Grandma left 45% to my brother and I and we bought the remaining 55%. I was told by a real estate lawyer that we would qualify for the exclusion but now someone else is saying we don't because our mom is still alive and considered a child of grandma even though she was married into the family. Is this true and if not how do we go about getting the exclusion?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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The lawyer was correct. For purposes of avoiding re-assessment of the property for property taxes, if the surviving parent was not a child of the grandparent, then the exclusion from re-assessment is available, but only as to the grandparent's half, not as to the uncle's half. It is not automatic. You must apply for it, with all the required paperwork. If the property was not your grandmother's principal residence, then only the first $1,000,000.00 qualifies. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack
Answered on Oct 24th, 2017 at 2:55 PM

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