Expert Tax Attorneys Offering Assistance in Administration

It is important for trustees, probate administrators, and other fiduciaries to consider the property tax consequences of property transfers during trust and probate administrations. A transfer of property or even a small interest in a business may trigger a change of ownership, allowing County Assessors to reassess real property to current fair market value. This frequently results in significant increases in annual property taxes to the detriment of beneficiaries.

The San Jose and Danville tax attorneys and trust, estate, and probate attorneys at Temmerman, Cilley & Kohlmann, LLP have significant expertise in California real property tax laws, serving clients throughout Fremont, Walnut Creek, Danville, Santa Clara, San Mateo, Alameda, Contra Costa, Santa Cruz, Monterey, San Francisco, and other counties. We assist clients in minimizing the tax consequences of real property transfers by guiding trustees and other fiduciaries throughout the administration process. We also assist beneficiaries who receive interests in real estate through wills, trusts, or other property transfers. We assist clients in challenging reassessments as a result of an alleged change of ownership through County Assessment Appeals and, if necessary, court hearings.

Property Taxes and Probate, Trust, and Estate Administration

During the administration of an estate or trust, our San Jose tax planning lawyers assist beneficiaries in identifying and claiming the appropriate exclusions from property tax reassessment, including certain eligible transfers between family members:

  • Transfers between spouses or domestic partners
  • Transfers between parents and children
  • Transfers between grandparents and grandchildren
  • Other exclusions

Exclusions may also exist for transfers for persons age 55 and older and for disabled persons, for certain transfers involving joint tenancy, and for other specified transfers. Our attorneys communicate directly with the State Board of Equalization and local Assessors to identify all available exclusions from reassessment, including those resulting from recent changes in regulations.

Our San Jose estate administration attorneys thoroughly analyze trusts and estates and apply appropriate tax laws and exclusions. We provide conscientious and strategic representation to minimize and avoid tax consequences through each step of trust and estate administration:

  • Revocable living trust administration
  • Splitting interests in real property
  • Transfers to entities, including LLCs and Family Limited Partnerships
  • Quitclaim deeds

Transfers of Real Property to Business Entities

In general, under the California tax code, a transfer of an interest in real property to a legal entity is a change in ownership that triggers a property tax assessment. However, there are exceptions, including transfers among an affiliated group of corporations and transfers where the previous owners’ proportionate interests in the property are unaltered and the transfer is solely a change in the method of holding title. Our attorneys help clients analyze transfers of interests in real property to entities to identify and apply these exceptions where appropriate.

Seek assistance from expert tax attorneys in probate and trust administration

The San Jose and Danville probate and trust administration attorneys of Temmerman, Cilley & Kohlmann, LLP have a thorough understanding of the tax laws affecting transfers of real property in the administration of trusts and estates, and are able to assist fiduciaries and beneficiaries in minimizing or avoiding tax consequences. Our attorneys are available to consult with clients at our offices — located at 2502 Stevens Creek Boulevard, San Jose, CA 95128 and 140 Town and Country Drive, Suite A, Danville, CA 94526 — or at any other convenient location. Call our San Jose office at 408-998-9500 or our Danville office at 408-998-9500 or contact Temmerman, Cilley & Kohlmann, LLP online today.