Connect with us

California

Math of inheriting a California home: Experts answer your questions on managing property transfers

Published

on

Math of inheriting a California home: Experts answer your questions on managing property transfers


One thing is clear: the math of inheriting a home in California is complicated and depends on individual situations. 

Courtesy of the realtor

If the responses to my last column on the math of inheriting a home in California are any indication, Proposition 19 has introduced many questions into people’s finances and how they are planning for the future.

Advertisement

In that column, I outlined what to consider if you inherit a home or are planning to pass property to your kids. I spoke with tax experts and estate attorneys about the implications of Prop. 19, which went into effect in 2021 and dramatically changed how Californians are taxed on inherited property. One estate attorney called it the “worst thing to happen in inheritance law in California in decades.”

Many of you sent some interesting follow-up questions. So I went back to the lawyers and reached out to several Bay Area tax assessors to get some answers.

Advertisement

Article continues below this ad

One thing is clear: estate planning is complex and every person’s situation is different. No advice will be one-size-fits-all, and experts urge you to contact legal and financial advisors or your local assessor’s office for specific guidance.

Advertisement

Welcome to Hella Expensive, a column that’s aimed at helping readers navigate the financial aspects of living in the Bay Area. In each column, I’ll present a topic that impacts your bank account and financial future: homeownership and renting, the path to retirement, and how to manage your money in this infamously expensive region. Send your financial questions and concerns to me through the survey below, or email me at kellie.hwang@sfchronicle.com.

Question: I’ve heard that parents can set up an LLC with their children and put the house into the LLC. Since ownership does not change on the death of the parents, the property isn’t reassessed. Is this correct?

Estate planning attorney Alexandra Ayoub of Ayoub & Dodson LLP in Oakland said LLCs can be a beneficial solution for some, but warns that it must be set up correctly. 

“The rules around reassessments for LLCs are quite complex and depend on ‘change of control/change of ownership,’” she said. “If there’s a change in ownership of over 50% of the LLC, property taxes will be reassessed. Further, if the change of ownership is not reported to the California State Board of Equalization within 90 days, there are steep penalties.”

Advertisement

Advertisement

Article continues below this ad

San Francisco estate planning and probate attorney Elizabeth Button said families should consult an estate planner who specializes in this type of transfer.

“The LLC and the gifting must be done in a way that will not trigger a reassessment, with the children being minority shareholders in the LLC,” she said. “This isn’t always an option for everyone since it must be done with an attorney and can be expensive.”

She said an LLC can be put into a trust and the assets can pass free of probate, the often lengthy and costly legal process to transfer property after a property owner dies. In California, it can take on average between nine months to a year-and-a-half to go through probate, perhaps even longer.

Q: Is it possible to add an adult child’s name to the house deed before the original purchasing parent passes? Would this simplify the inheritance and possible probate court process?

Advertisement

Advertisement

Article continues below this ad

“The idea of adding children onto your deed in order to facilitate inheritance is fraught with problems,” said Steve Brickley, a CPA and financial planner with Brickley Wealth Management in San Mateo.

According to the San Francisco Assessor-Recorder’s Office, a child added to the title could be subject to California Change in Ownership rules and it could trigger a reassessment.

The California State Board of Equalization explains: “If 50% of the property is transferred, the assessor will reassess only 50% of the property at its current fair market value as of the date of the transfer, and deduct 50% from any existing Proposition 13 base year value.”

Advertisement

And the Prop. 19 rule on residence would still apply no matter when children are added to the deed: the home must be the parents’ principal residence and become the child’s principal residence within one year of the parents’ passing.

The beneficiary would have the right to survivorship on the title, which would allow them to avoid probate and the property to be transferred automatically upon the parent’s death. 

Advertisement

Article continues below this ad

However, “this depends on how title is held on the deed (such as Joint Tenancy or Tenancy in Common), and is another example where families need to consult with a qualified attorney and financial advisor,” the S.F. assessor-recorder’s office wrote in an email statement.

Advertisement

“It may bypass the probate process, but you’d be paying more in taxes yearly than you would for a probate or trust,” Button said.

Q: A reader writes: “A simple self-prepared Transfer on Death Deed recording is the least expensive, most flexible and easiest option to transfer property.” Is this true?

A revocable transfer on death deed or TOD deed allows a homeowner to transfer their property to a named beneficiary and, if the deed is done correctly, avoid probate. It has no effect until the owner dies, and can be revoked at any time, according to the California Legislative Information website.

TOD deeds are sometimes called “poor man’s trusts” because they avoid the need to set up expensive trusts to keep assets out of probate. They are especially useful for single people, including widows and widowers, according to a 2015 Chronicle story

Advertisement

Advertisement

Article continues below this ad

Ayoub said these deeds are a “relatively new vehicle by which one designates a beneficiary to inherit the subject property upon their death.”

She believes it is not a good substitution for an estate plan, and “would only be appropriate in very limited circumstances.” Like adding a child to the title, this deed could potentially avoid probate but won’t help with the Prop. 19 reassessment, Ayoub said.

She said people who try to do TOD deeds on their own often don’t do it properly, and the process can be “rife with pitfalls.”

Some other issues Button says a person could run into with a TOD deed are:

Advertisement
  • If the person named in the deed dies before the homeowner, then the deed would become invalid. 
  • It doesn’t allow for a contingent beneficiary to be named.
  • Problems could arise if the deed names a minor, who wouldn’t be able to take possession of the property until they turn 18. Button said the type of deed doesn’t allow for a custodian to be named, so a custodian would need to be appointed in court.
  • The TOD leaves the named individual personally liable for the transferor’s debts, and could cause problems with title insurance, which could take years to resolve. This would lead to the named being forced to upkeep the home.

Q: How does Prop. 19 affect the inheritance of a property among siblings, when one of them lives in the property but others do not? Currently, my parents live in one unit, while my sister lives in another, smaller, unit. Assuming that remains true, how would property taxes be reassessed under Prop. 19?

According to the San Francisco Assessor-Recorder’s Office, the building as a whole is not considered a principal residence.

“Only the parent’s unit will qualify for Prop. 19 exclusion, as long as one of the children makes that unit their principal residence and files for the Homeowner’s Exemption within one year of property transfer. The other two units will be reassessed at Fair Market Value because they were not the parent’s principal residence.”

Q: My uncle owns a home in San Francisco, and is worried that if he were to go to an assisted living or nursing facility, that would change the way the home is reassessed when it passes to his kids because he wouldn’t be living there. Is this true?

Your uncle can file for the homeowners’ exemption prior to moving to a facility. Upon filing, he may be eligible for an exemption of up to $7,000 off the property’s assessed value. 

According to the San Francisco Assessor-Recorder’s Office, the homeowner would qualify for the homeowners’ exemption as long as it is not rented or leased to others, and they are expected to return to the dwelling. An absence of more than a year would “raise considerable doubt” that the home is their primary residence and that they would actually return. 

Advertisement

“The issue becomes how long the assessor will honor that exemption depending on how long the uncle is out of the home, and whether the home is rented while he is absent,” said John Tuteur, assessor-recorder-county clerk for the County of Napa. “The law does provide for an expectation that the uncle will return to the home if not rented during his absence and depending on the length of time he is absent.”

Rachel A. Dodson, estate planning attorney at Ayoub of Ayoub & Dodson LLP, pointed out that there is currently proposed state legislation, SB 520, that applies to this exact situation. If passed, it would allow a person receiving the homeowners’ exemption to continue to be deemed an occupant of their home if they become confined to a care facility, as long as they intend to return to the dwelling and it is not rented or leased out while they are gone.

If you have more questions or are looking for affordable resources:

Lower-cost and DUI estate planning resources are available online, but experts warn these can easily go wrong if not handled correctly. Button said some common mistakes she’s seen include using legal terms incorrectly, unfunded trusts, no contingent beneficiaries named, and documents signed when they should be notarized or vice versa.

However, in partnership with Housing and Economic Rights Advocates, the San Francisco Office of the Assessor-Recorder provides free and low-cost estate plans to low- and middle-income San Franciscans, focusing on residents in the southeast and other neighborhoods where there is a combination of high homeownership rates, lower-income communities, and communities of color.

Advertisement

The office encourages those with questions about Prop. 19 to visit in person at City Hall, Room 190, phone 415-554-5596, or email assessor@sfgov.org. 

It is also hosting an estate planning 101 workshop on Jan. 26. RSVP here. Also in January are two workshops — Jan. 12 and 19 — addressing Prop. 19 intergenerational property transfers. RSVP here.



Source link

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

California

Whistleblower Seeks To Determine If Hunter Biden Paid California Taxes

Published

on

Whistleblower Seeks To Determine If Hunter Biden Paid California Taxes


Thanks to the presidential pardon from his father, Hunter Biden will no longer have to worry about the federal charges he was facing for failure to pay federal income tax on millions of dollars in earnings. President Joe Biden’s December 1 pardon does not, however, immunize his son from prosecution for failure to pay state income tax. Whether or not Hunter Biden fulfilled his state tax obligations to California is a question now being pursued by a public whistleblower.

Hunter Biden was a resident of California, home to the highest top marginal income tax rate in the country at 13.3%, during the years for which he has pled guilty to federal tax evasion. While media coverage has focused on unmet obligations to the IRS, the prospect of unpaid state tax liabilities is a topic that has never received much attention. In early December, James Lacy, president of the United States Justice Foundation, filed a public complaint (Case Number 12024-14638) with the California State Auditor calling for an investigation of the California Franchise Tax Board in order to determine whether Hunter Biden filed and paid state taxes for the years he has pled guilty to federal tax evasion.

Advertisement

Given the amount of income on which Hunter Biden failed to pay federal taxes, it’s a potentially large sum of money that he also might have neglected to pay to the government of California, a Democrat-run state where taxpayers are on the hook for an estimated trillion dollars-worth of unfunded public pension liabilities and where employers were recently hit with a payroll tax hike triggered by Governor Gavin Newsom’s (D-Calif.) decision to not repay unemployment insurance loans taken out from the federal government during the pandemic.

“Californians who file their tax returns and timely pay their taxes deserve to know whether or not Hunter Biden has received any special treatment from the Franchise Tax Board regarding his tax liability,” said Lacy. “I am hoping my Whistleblower Complaint will draw attention to this issue and bring some transparency to whether our state tax system has acted fairly.”

“If Hunter Biden failed to pay federal taxes, it’s reasonable to suspect he also failed to pay applicable state income taxes for those years,” says Ryan Ellis, an IRS-enrolled agent. Lacy also called on the Governor to act, saying “Newsom should also reveal to California taxpayers whether or not Hunter Biden was secretly ‘pardoned’ from state tax liability and enforcement as well.”

California Combines High Tax Rates With Muscular Collection

Aside from the nation’s highest state income tax rate, California has long been considered the most aggressive state in the nation when it comes to taxing foreign-sourced income. “Unfortunately for the President’s son, not only did he face the highest state income tax rate, he was also dealing with a state whose tax law has the longest and most aggressive arm,” Ellis said. “Comparatively speaking, California is the most litigious state I have seen in terms of chasing people down for money. Only New York rivals them.”

Advertisement

“It doesn’t matter if the income was coming from the former Mayor of Moscow, a Chinese private equity firm, or a Ukrainian gas company, California tax obligations are global and would’ve applied for the years in which Hunter Biden was a Golden State resident,” added Ellis, who runs his own tax preparation business and is president of the Center for a Free Economy.

The Department of Justice noted in a September 5 press release that “Hunter Biden engaged in a four-year scheme in which he chose not to pay at least $1.4 million in self-assessed federal taxes he owed for tax years 2016 through 2019 and to evade the assessment of taxes for tax year 2018 when he filed false returns.” While Hunter Biden won’t face repercussions for skipping out on those federal tax obligations thanks to the pardon from his father, that doesn’t shield him from state level prosecution for failure to pay taxes to California.

Why would a person pay state taxes on income for which it’s known they did not pay federal taxes owed? That question and the desire to answer it is behind the complaint recently filed with the State Auditor. Fortunately for Hunter Biden, California tax authorities and the California press corps have thus far demonstrated little interest in answering that question.

Hunter Biden also doesn’t have to worry about the most recent state wealth tax proposal introduced Sacramento. That’s because Governor Newsom confirmed earlier this year that he opposes the latest wealth tax bill introduced by California legislators. That should be welcomed news for Hunter Biden, who purchased a $142,000 sports car with funds provided by a Kazakh businessman, and who received a 3.16 carat diamond from a Chinese businessman, both of which would be prime targets of the sort of wealth tax sought by some California lawmakers.

In his 2023 State of the Union Address, President Biden promoted his effort to make “the wealthiest and the biggest corporations begin to pay their fair share. That message was echoed throughout 2024 by Vice President Kamala Harris (D), Senator Chuck Schumer (D-N.Y.), and other prominent Democrats. Any politician who wants to continue calling for stricter gun control and higher tax burdens on the rich, however, will have a hard time doing so in the future if they declined to comment when the President’s son was let off the hook for failing to pay taxes on millions in income and violating of gun laws.

Advertisement



Source link

Continue Reading

California

California man told Wisconsin shooting suspect about plan to attack a government building, gun order says

Published

on

California man told Wisconsin shooting suspect about plan to attack a government building, gun order says


A California man was detained by the FBI and ordered to have his guns temporarily seized after he allegedly communicated with the 15-year-old shooter who killed two people at her Wisconsin school, documents show.

The gun violence emergency protective order was served to a 20-year-old in Carlsbad in San Diego County on Tuesday, according to the order, which was obtained by NBC San Diego.

The narrative of the order says the California man had communicated with Natalie “Samantha” Rupnow, who police say opened fire Monday at Abundant Life Christian School in Madison, Wisconsin, which she attended, killing two people before she killed herself.

The FBI detained the man “after he was discovered plotting a mass shooting with the Madison Wisconsin shooter,” a Carlsbad police officer wrote in the gun order.

Advertisement

The man “admitted to the FBI agents that he told Rupnow that he would arm himself with explosives and a gun and that he would target a government building,” the Carlsbad officer wrote.

The FBI saw messages between him and Rupnow, the order says. It does not go into further detail about the communication or the alleged plans.

The order was approved by a San Diego County judge and served at the Carlsbad home just before 9 p.m. Tuesday, it shows. A court hearing about the order is set for Jan. 3, the document reads.

The order says guns were reported and searched for, but it does not say police seized any. The order requires someone to turn over firearms and not to possess any guns while it is in effect.

A vigil on the grounds of the Wisconsin State Capital on Tuesday to mourn the victims of the shooting at Abundant Life Christian School in Madison. Scott Olson / Getty Images

A spokesperson for the FBI’s San Diego field office declined to comment Wednesday evening.

Advertisement

Carlsbad police said the investigation is being led by Madison police. A Madison police spokesperson referred questions to the FBI.

It’s not clear whether there are any criminal charges in the matter. None of the agencies mentioned criminal charges, and a spokesperson for the San Diego County District Attorney’s Office did not immediately respond to a request for comment. 

No cases with the man’s name appeared in an online search of criminal cases in the county Wednesday night.  

A phone number for the man or his family could not immediately be found in public records Wednesday.

“There is no threat to the Carlsbad community at this time,” Carlsbad police said in a statement.

Advertisement

Investigators in Madison are working to determine a motive in the shooting Monday morning.

Rupnow, a freshman, opened fire at a study hall that had mixed grades, Madison police said.

A staff member, Erin West, 42, and a student, Rubi Vergara, 14, were killed, the Dane County Medical Examiner’s Office said, and other people were injured.

Rubi was in the ninth grade, and “her gentle, loving, and kind heart was reflected in her smile,” the school said in a statement Wednesday after their names were released. “Often seen with a book in hand, she had a gift for art and music,” it said.

West was a substitute teacher who became a full-time staff member. “ALCS is a better school for the work of Erin West,” the school said.

Advertisement

Two students sustained life-threatening injuries, and they remained hospitalized Wednesday, police said. Four other people with minor injuries have been discharged.

Two guns were found at the school, only one of which was used in the shooting, police said in a statement Wednesday. Madison Police Chief Shon Barnes has said the gun that was used was a handgun.

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has completed its data trace of the guns, but police said more information about the weapons was not being released Wednesday.

Police are looking at Rupnow’s social media accounts as part of the investigation, the police department said.

“Our team is looking to connect to anyone who may have interacted with Natalie Rupnow in the days and weeks leading up to the shooting,” Madison police said in Wednesday’s statement.

Advertisement



Source link

Continue Reading

California

California declares state of emergency as US suffers first severe human case of bird flu

Published

on

California declares state of emergency as US suffers first severe human case of bird flu


The U.S. reported its first severe human case of bird flu on Wednesday in a Louisiana resident who is hospitalized in critical condition after suspected contact with an infected backyard flock.

California, the most populous state, declared an emergency over the H5N1 virus as it spread more widely in dairy herds and after it has infected dozens of farm workers this year.

Federal and state officials have failed to control the nation’s outbreak, which infected dairy cattle for the first time in 2024, as some farmers resist testing and containment measures.

After the U.S. reported its first severe human case of bird flu on Wednesday in Louisiana, the state of California has declared an emergency over the H5N1 virus. Getty Images

Severe respiratory illness in the Louisiana patient shows increased health risks for people from the virus that previously caused eye redness, or conjunctivitis, in infected dairy workers.

Advertisement

Bird flu still represents a low risk to the general public, the U.S. Centers for Disease Control and Prevention said.

CDC has confirmed 61 human cases nationally since April, mostly in workers on dairy farms where the virus infected cattle.

Workers culling infected poultry also have tested positive.

The patient in Louisiana is suffering severe respiratory illness, the Louisiana Department of Health said in a statement.

The person is reported to have underlying medical conditions and is over the age of 65, the department said, putting the patient at higher risk.

Advertisement

The case is the first to be linked to backyard, non-commercial poultry, said Demetre Daskalakis, director of CDC’s National Center for Immunization and Respiratory Diseases, on a call with reporters.

The virus first infected dairy cattle in 2024 with some farmers resisting testing and containment measures. Getty Images

The CDC said a sporadic case of severe illness in a person with H5N1 bird flu is not unexpected as such cases have occurred in other countries in 2024 and prior years, including cases that led to death.

“The mild cases that we’ve seen in the United States largely reflect that many of the individuals are getting infected by dairy cows and that’s very different than getting infected with infected birds,” said Amesh Adalja, a senior scholar at Johns Hopkins Center for Health Security.

“If you look at the genotype of this patient in Louisiana, it wasn’t the cattle strain. It was a wild bird strain.”

CDC said partial viral genome data from the infected patient shows that the virus belongs to the D1.1 genotype, recently detected in wild birds and poultry in the United States and in recent human cases in British Columbia, Canada, and Washington state.

Advertisement

This genotype of the virus is different from the B3.13 genotype detected in dairy cows, human cases in multiple states, and some poultry outbreaks in the country, CDC said.

The patient in Louisiana who contracted bird flu is suffering from severe respiratory illness. AP

Bird flu has infected more than 860 dairy herds in 16 states since March and killed 123 million poultry since the outbreak began in 2022.

In California, the top U.S. milk-producing state, 649 herds have tested positive since late August, roughly 60% of its herds, according to U.S. data.

Four southern California dairies tested positive on Dec. 12, “necessitating a shift from regional containment to statewide monitoring and response,” California Governor Gavin Newsom said in his emergency declaration.

Earlier cases had been centered in the Central Valley in the middle of the state.

Advertisement

The declaration aims to streamline and expedite California’s response by allowing more flexibility for staffing, contracting and other rules, Newsom said.

The U.S. Department of Agriculture said it has enrolled 13 states in a newly launched national bulk milk bird flu testing plan, representing nearly half of the nation’s milk supply.



Source link

Advertisement
Continue Reading

Trending