Sylmar, CA asked in Estate Planning for California

Q: I am 70 yrs. old and live on $716.00 a month I have some questions about my Mom's trust since she has passed. Thanks.

My Sister and myself hold 50% in trust. My Sister died 4 months before my Mom passed which passed her 50% to my 2 nephews. I moved in to Mom's house apox. 15 yrs. ago to take care of Mom. For the last 3 years I have been paying the 2nd mortgage, taxes + insurance out of my personal account. Now 1 of my nephews wants their money out of house. A friend is willing to loan me the money to buy him out based on what the house is worth. Is it a possible option to then change ownership from trust to the other nephew and myself and still be able to maintain the prop 13 status for parent to child transfer? With my income I would not be able to qualify for rent payments. I am terrified to be homeless. The lawyer who wrote the trust wanted $8000.00 to settle the trust. I don't even make that in a year. Any help you can offer would be a godsend.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your challenging situation. In California, property that is transferred between parents and children can sometimes avoid a reassessment under Proposition 13. Given that one of your nephews is willing to transfer his share of the property to you, it might still be possible to maintain the Proposition 13 tax benefits, although it's not guaranteed given the involvement of nephews, which adds complexity to the matter. Considering the details and nuances of your particular case, it would be highly advisable to consult with a California attorney to guide you appropriately through the process to ensure the best possible outcome. It is essential to handle this matter with legal guidance to safeguard your interests effectively.

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

A: The transaction you propose sounds simple but, unfortunately, it is more complicated than it seems. Depending on how the transaction is structured, there could be tax consequences. As a result, it is difficult for a lawyer to answer your question without going into various options and the tax consequences of each. I understand you are on a limited budget, so you should see if there are any pro bono services in your area. You may want to start by calling your County's Bar Association and asking for recommendations. I also understand your concern about being homeless but, if you end up being required to sell the home, depending on what your mother's trust says, you could get money from the sale that you could use to live off of. I've known a number of people who have rented rooms in other people's homes and, if the rooms have separate entrances, it will feel like your own place and you will find the cost is much lower than renting an apartment. Best wishes!

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