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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118292
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My mother passed away and she owned one third of my San

Customer Question

My mother passed away and she owned one third of my San Francisco home. My siblings own 64 percent of the home. I own the remainder. I am paying the trust of my mother to buy out and my siblings are now the trust of my mother as I signed off on the trust as a deal to buy the house. My siblings are quit claiming over to me and my sister, as trustee will sign the trust over to me. How can I avoid property tax increase?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: California in San Francisco
JA: Has any paperwork been filed?
Customer: No not as far as transferring
JA: Anything else you want the lawyer to know before I connect you?
Customer: just that he or she will know about San Francisco property tax where family is transferring
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were a part owner of the house previously from inheritance of your mom's share, you would apply for the proposition 13 exemption. Furthermore, if the property is in trust you can keep it in trust and have your siblings sign off on their rights in the trust, which also gives you the exemption from tax increase. Furthermore, a transfer from trust to beneficiary can exempt you from the increase, but keeping the property in trust is still best, ***** ***** gives you the most protection. You should not be doing this without an attorney, as they have to just structure the transfer in one of those ways to come under the exemptions of Prop 13 increases. See also: