QUESTION

Good morning, we are revoking a trust, selling the housr. do we gave to poo ay death taxes dating back to when my father died

Asked on Aug 01st, 2015 on Wills and Probate - California
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2 ANSWERS

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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I understand your facts to mean that your father owned a property in the name of a revocable trust that named you as the beneficiary upon his passing. After your father passed away, you were the owner of the beneficial interest in the house. Now you would like to transfer the property from the trust into your name. Is this correct? When your father passed away there should have been a probate proceeding and all final tax returns should have been filed and any taxes due paid along with the winding up of his estate. There shouldn't be any the estate taxes due on the transfer of the property from the trust to you. You should have received a step-up in basis to the fair market value of the property at the time of your father's passing. You also received the property by operation of law under the trust at your father's passing, and you should have filed a parent child exclusion from reassessment of property taxes at that time. If you haven't done some of these procedures, then you should contact an attorney to assist you.
Answered on Aug 29th, 2015 at 2:48 PM

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It depends on what you mean by "death taxes."  When most people talk about a death tax they are referring to the federal estate tax. However, most people do not have to worry about that as it kicks in at $5.43m right now.  On the other hand there could be a property tax issue. It's important to file a parent-child exclusion form with the county assessor as soon as possible after a parent dies. If not filed yet I would do that ASAP as failure to do so can result in a large supplemental property tax and that could go back some years! I hope this helps. -John
Answered on Aug 04th, 2015 at 6:38 AM

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