We are experts in California intra-family transactions, family gifting, family sales and transferring of inherited property, utilizing all aspects of Proposition 13 and new Proposition 19 (former Proposition 58, Proposition 60, Proposition 90 and Proposition 193), gift tax allowances, estate tax considerations and the step-up in basis to ensure the lowest tax consequence possible.
We can coordinate all aspects of your California real estate family transaction via video conference and teleconference. We can send a notary to your home and you never have to leave the house.
Our office can directly electronically file documents with most County Recorder’s Offices throughout California, providing swift turnaround (most law firms must outsource this task to title companies or third-party providers, we do this in-house).
WARNING — CALIFORNIA PROPOSITION 19 HAS UPENDED THIS ENTIRE PROCESS AND WIPED OUT MANY BENEFITS OF ‘OLD’ PROPOSITIONS 58 AND 193 AS OF FEBRUARY 16, 2021. If a death or notarization occurred prior to February 16, 2021, you may be able to take advantage of the ‘old’ proposition 58 and proposition 193. Otherwise, as of now, all new family transactions (including sales, gifts and death) will be subject to Proposition 19.
Review our in-depth article on family transactions here, including overview of options and general tax considerations.
Equally important, Review our article on Proposition 19 and its dire reduction of the family transfer tax benefit here
Questions about a family gift, sale or inheritance? – Paid one-hour Zoom consultations ($295) are conducted daily and address virtually all questions, options and tax implications and strategies. (Book a consultation here.) Consultation fees are applied towards any future family transaction. Zoom consultations can, of course, be conducted from anywhere, including the comfort of your own home. While we are located in Newport Beach, California, we can assist with a family transaction for real estate located anywhere throughout California.
Real Estate – often a family’s largest asset – can be freely transferred, sold, gifted/inherited or a hybrid of sale and gift (i.e. selling below fair market value). Parents can sell to children using seller financing (or a ‘seller carry-back’) where the children pay the parents monthly mortgage payments just like a traditional loan, or, where the child obtains a new traditional loan (presuming they can qualify) paying off the parents and any mortgage the parents may have on the property. Equity in the home can be used as a “gift of equity” to assist the child with the downpayment (potentially allowing a no down payment sale, even with a traditional third-party loan). The property can be sold at fair market value, or below fair market value (the difference simply being a “gift”).
For more details on the process, review our in-depth article on family transactions here.
While there can be significant tax and other financial considerations, we can make the process itself easier than you may think.
Our office excels with family transfers, family gifting, family sales, inheritance and other private transfers such as a sale to your tenants (or buying the home from your landlord – see our for sale by owner information here). We can facilitate all aspects of a family sale, gift or hybrid of the two, including all applicable paperwork and review of key tax considerations.
We prepare the purchase agreement, seller disclosures, and all required documentation, tax forms, can send a notary to your home and can even electronically record title with most California counties directly in our office. If applicable, we coordinate inspections, appraisals, due diligence, termite and/or other repairs. If a loan is involved, we work with the lender and a third-party title company (that the lender will require) and coordinate all aspects of the same to ensure a seamless transaction.
Inheritance / Trust Distribution of Real Estate
In the case of inheritance – when a loved one passes away – it can be a difficult and stressful situation for all involved. The Trustee, often a family member, can be under added stress with the ‘thankless job’ of distributing the estate and dealing with other family members and beneficiaries, all often with their own input. We can assist as to all aspects of any California real estate. We can review the trust and assist the Trustee(s) with real estate distribution or sale.
Often a trust provides options, such as a “share and share alike” option to distribute property to one beneficiary, and other assets to another, while still retaining the Proposition 19 and Proposition 13 property tax benefits. This is often called a “sibling buyout” or “sibling buy out” or “buying out my sibling”. This can be accomplished with additional estate assets or the use of a third-party loan.
Ready to proceed with a private sale or transfer today? – contact our office or book a consultation for an in-depth review.
If you just have questions, our preference is an initial consultation with the key parties to discuss the transaction, review potential tax considerations and an overall plan for the transaction.
To discuss your family real estate transaction, contact our office. If you are ready to proceed with a consultation, you can book directly by clicking here.
If you are ready to proceed with a transfer, just call or email to get started. Contact info below.
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Schedule an appointment by clicking here