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My grandfather passed away recently, leaving his home in a living trust. My mother (his only child) is also deceased, leaving my sister and myself as succesor trustees. My parents were divorced at the time of both my mother's and grandfather's deaths; neither parent ever remarried. In filing "CLAIM FOR REASSESSMENT EXCLUSION FOR TRANSFER FROM GRANDPARENT TO GRANDCHILD," I'm told that both of my parents must be deceased in order to qualify. This makes no sense to me. Was I misinformed?
State/Country: California Already Tried: Muddling through pages of government instruction forms on my own.
Customer
If you parents were divorced at the time of your grandfather's death, only the direct descendant (your mother in this case) would need to be deceased for you to qualify. The following is from California Revenue And Taxation Code Section 63.1 paragraph (C) regarding definition of surviving children of the grandparents:
"Any son-in-law or daughter-in-law of the parent or parents.For the purposes of this paragraph, the relationship of parent andson-in-law or daughter-in-law shall be deemed to exist until themarriage on which the relationship is based is terminated by divorce,or, if the relationship is terminated by death, until the remarriageof the surviving son-in-law or daughter-in-law."
Please let me know if you have further questions.
Regards,
Mark D
Please do not forget to press the green accept button if you were satisfied with this answer. Thank you!
I tried to reply yesterday, but was unable. I found the tax code myself shortly after submitting my question, so I answered my question myself. However, I will gladly "accept" in return for these follow-ups: On the form, I need only to answer "No" to question 2A, correct? The other parts become irrelevant. Also, do I need to file an affidavit of death? If so, is it the "death of trustee" form?
Correct, if you check "no" to 2a of Section C, you can move on to number 3. You will not need to file any other paperwork with the form, although the county can ask for further documentation if they choose.
Enrolled Agent
MBA, EA, Specializing in Business and Individual Tax Returns and Issues