Does the law demand that the sucessor Trustee of a living Trust report the death to local tax authorities for re-deeding and assessment?

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Does the law demand that the sucessor Trustee of a living Trust report the death to local tax authorities for re-deeding and assessment?

It’s been 9 years of paying taxes under my mother’s name; it is starting to scare my other siblings. To convert this to agriculture would we need all siblings named in Trust to sign paperwork? What if some of the siblings don’t want to keep as agriculture and want to break up the block of land? Is this a situation that will bite us in the butt, by not informing the tax authorities of mom’s death?

Asked on August 24, 2012 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The law does not require the successor trustee of a living trust to report the death of a trustor under a trust to local tax authorities for re-deeding and assessment. Rather, the way to transfer title to the given piece of real property is that the trustee signs a trustee's deed though the help of a Wills and trust attorney with a certified copy of the trustor's death certficate attached along with an affidavit of trustee where both are recorded on the real property to be transferred to the beneficiary under the trust.

Once recorded, the local property tax assessor then determines if the real property is to be reassessed for property tax purposes.


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