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Can we keep property under prop 13?

Long Beach, CA |

My grandparents transferred there house to my mother. My mother filed for parent to child transfer and kept the house under prop 13. My mother has put the house in a trust that gives ownership of the house equally to my sister and I when she passes. We all currently use the house as our primary residence. Can we still keep the house under prop 13 when ownership is transferred to my sister and I?

Attorney Answers 3


There isn't a limit in how maby times a property can be transferred and still qualify for either the parent-child or grandparent-grandchild exclusion. So when your mom's trust distributes the property it should still qualify for a parent-child exclusion from reassessment for Prop 13 purposes.

All information provided is for general purposes only and does not establish an attorney-client relationship.

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4 lawyers agree


I believe you will be fine under Prop 13 guidelines. There are no limits on the number of times it can be transferred. However, to be on the safe side, you may want to consult a California attorney who practices Real Estate Law.

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2 lawyers agree


I do not see an issue, based on your facts, under Proposition 13. If you having additional or continuing concerns, consider consulting with a local real estate attorney.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con

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