Palo Alto, CA asked in Estate Planning, Real Estate Law and Probate for California

Q: I live in my dad's CA rental, when he passes this property to me, will it be reassessed as it is not his primary home?

This is regarding property tax reassessment due to the newly passed Prop 19 in California. He lives in a different residence that he plans to leave to my brother. I rent his other house now and he wants to give it to me now (if the tax implications are more favorable for him now or myself later) or leave it to me when he passes. I do plan on continuing to live in the home. He wants to know what the best options to plan his trust or transfer property while he is still alive. This is in San Mateo County.

2 Lawyer Answers
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: Unfortunately, yes. To claim a parent to child reassessment exemption under Prop 19, both the parent and child must occupy the property as their principal residence.

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: The only way your property taxes will be the same as your father's is if BOTH of the following are true: (1) the now-rental home becomes your father's primary residence and is his primary residence at his death -- meaning he is not living in an Alzheimer's facility or anywhere else when he passes away; AND (2) you move into the home and make it your primary residence within one year of his death. If you have a sibling and that person inherits half of the home but doesn't move in and also make the home his/her/their primary residence, then half of the home will get reassessed. I hope that helps!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.