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Grant deed will be recorded with right of personal occupancy for life; how is this removed after death?

La Puente, CA |

Transfer will be from parent to child with the parent right of personal occupancy for life. When the parent passes, what choice is selected on the preliminary change of ownership report? What other form is needed? This is for Los Angeles County. My dad agreed to do the transfer this way, but it seems like a hassle rather than a gift with an unrecorded occupancy.

Where do I get this form? What choice is selected for the preliminary change of ownership report? (Los Angeles County) My dad choice this attroney because he has known him for years, but yet I have to squeeze information out of them. We have seen the estate planning attorney 4 times since July 2012; he wanted to see the property with the personal occupancy rather than a living trust which the house is currently in. I have also spoken to another estate planning attorney which suggested a similar transfer. Thank you.

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Attorney answers 3

Posted

To remove a life tenancy upon the death of the life tenant you must record an affidavit of death of life tenant with the county recorder

Nothing contained in the information on this web site is to be considered as the rendering of legal advice for specific cases and readers are responsible for obtaining such advice from their own legal counsel. This web site is intended for educational purposes only. Michael R. Weinstein, is licensed to practice only before the courts of the State of California, and is admitted to practice before the United States District Court for the Central District and the United States Cou rt of Appeal for the Ninth Circuit. No information contained herein is to be considered applicable to legal matters in domestic or foreign jurisdictions outside of the State of California.

Posted

I suggest that your father consult a elder law trust and estate counsel BEFORE taking such an action.

We do not have Lady Bird deeds in CA. There are many other issues which need to be considered, other than the one you mention. Taking a wrong step in the process could be VERY expensive.

Your father, and his estate, would be better served with a living trust where all issues concerning his life estate can be spelled out and potential problems associated with such a transfer avoided.

Transferring real property in this fashion may require your father to file a gift tax return and could result in a loss of beneficial property tax treatment as well as a loss of potential valuable government benefits.

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Posted

Both answers you have received are good advice, especially in relation to seeking legal counsel. Creating a life estate has several ramifications that must be considered before you move forward. It would be "Penny Wise and Pound Foolish" to proceed down this track without fully understanding all ramifications and seeking competent legal counsel to effectuate your decisions.

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