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socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 38239
Experience:  Retired (mostly)
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I was appointed Personal Representative to my mother's

Customer Question

I was appointed Personal Representative to my mother's estate in 2012. I got as far as filing an Order for Final Distribution with the court. I haven't transferred the real property yet and would like to know how to do so and there is a vehicle that wasn't mentioned in the Inventory and Appraisal document filed. How do I add an Omnibus clause for the after-discovered property? So far I have created a deed of trust for the property my mother owned 100%. When do I file a Parent-Child Exclusion with County Assessor's Office and what do I need to complete that?
Submitted: 8 months ago.
Category: Estate Law
Expert:  socrateaser replied 8 months ago.

Hello,

Did the court approve the final distribution order?

Customer: replied 8 months ago.
I do have the Order for Final Distribution on Waiver and Accounting, filed endorsed and signed by the judge.
Customer: replied 8 months ago.
The real property is listed but the vehical is not.
Expert:  socrateaser replied 8 months ago.

I was appointed Personal Representative to my mother's estate in 2012. I got as far as filing an Order for Final Distribution with the court. I haven't transferred the real property yet and would like to know how to do so and there is a vehicle that wasn't mentioned in the Inventory and Appraisal document filed. How do I add an Omnibus clause for the after-discovered property?

A: Ordinarily, to probate omitted property, you must petition for a new administration, and letters of administration. You may be able to get the court to enter the omnibus order as a correction for clerical error, on motion. This would be entirely up to the court's discretion, but it may be worth a shot, as a means of avoiding the new administration. Frankly, if I were the judge, I would probably grant the order, because an omnibus clause is so typical in California probate matters. But, I make no promises.

Concerning the parent-child property tax exemption, that's based on the "preliminary change of ownership" form (PCOR) that is filed at the county clerk-recorder's office with the administrator's deed transferring the property. Each county clerk website has its own PCOR form -- they're all nearly identical, except for the tax assessor's address. But, you'll have to visit your county website and find the correct form.

If you are looking for someone to actually help you draft the required paperwork, I can only do that through a premium services invitation (customary legal services fees will apply). Please let me know if you're interested.

Expert:  socrateaser replied 8 months ago.

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Expert:  socrateaser replied 8 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

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Customer: replied 8 months ago.
I have to file the preliminary change of ownership and the deed of real property together at the recorders office? What about the claim for reassessment exclusion for transfer between parent and child. Do I need to bring the order of final distribution to the recorders?
Customer: replied 8 months ago.
i have a draft already
Expert:  socrateaser replied 8 months ago.

Once you file the form and thereby demonstrate your entitlement to the exemption, the county assessor will adjust the property tax for the tax to reflect the exemption. If the assessor has further questions, the office will send a letter to you requesting further information. You don't need to send anything to the assessor unless and until you are contacted.

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Expert:  socrateaser replied 8 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

Customer: replied 8 months ago.
I need to file preliminary change of ownership" form (PCOR) and deed of real property together?
Expert:  socrateaser replied 8 months ago.

Yes, that's exactly correct. If the tax assessor needs additional info, the agency will send you a "Change of Ownership" form, which is the statutory means for acquiring additional information, about a decedent transfer of real property.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Customer: replied 8 months ago.
filing the grant deed will have no effect on the affidavit- death of joint tenant that was filed when she passed?
Expert:  socrateaser replied 8 months ago.

An affidavit of death of joint tenant is merely notice to assist in clarifying the chain of title. The affidavit has no substantive legal effect whatsoever.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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