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Property Ownership Land Use ControlsForms_of_ownershipHARD

A California couple places their home into a revocable living trust. Later, one spouse dies. Under Proposition 13 and California Revenue and Taxation Code, does the transfer to the trust or the death of one trustor trigger a reassessment of the property?

Correct Answer

A) No, neither the transfer to the trust nor the death triggers reassessment for a married couple's revocable trust

Under California Revenue and Taxation Code §62(d), a transfer of property to a revocable trust is excluded from the definition of 'change in ownership' and does not trigger reassessment. When one spouse dies, the property remains in the trust for the surviving spouse, and this is also not considered a change in ownership that triggers reassessment. Proposition 13's protected assessed value is preserved.

Answer Options
A
No, neither the transfer to the trust nor the death triggers reassessment for a married couple's revocable trust
B
Yes, both the transfer to the trust and the death trigger reassessment
C
The transfer to the trust triggers reassessment, but the death does not
D
The transfer does not trigger reassessment, but the death always triggers reassessment

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Related Topics & Key Terms

Key Terms:

revocable_trustProposition_13reassessmentchange_in_ownershipR&T_Code_62

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