Does the law demand that the sucessor Trustee of a living Trust report the death to local tax authorities for re-deeding and assessment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.