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hello this is attorney grant 8f --n I am.an estate planning and probate attorney.based in Manteca California with an.office in Livermore California so the.purpose of today's video is to show you.how I fill out the claim for.reassessment exclusion for transfer.between parent and child so this is a.super useful form that can save you.thousands tens of thousands hundreds of.thousands of dollars in taxes when it is.filled out and filed with the county.this is when there is a transfer of real.property from adult to child or in some.circumstances adult to grandchild or.parent to stepchild okay so what this.does is it gets read of the step-up in.basis for the tax basis for the property.so the property taxes should remain the.same for the inheriting child or.grandchild or stepchild as they were for.the parent.so if our property taxes for instance.are based on a 1965 valuation they are.going to be significantly lower but then.let's say a 2019 valuation all right so.this is something that you really want.to file as soon as possible after the.transfer has taken place you can file it.later but you might have to make a good.case to the county assessor when you go.in sometimes they accept it sometimes.they don't win it's late all right so.fortunately in San Joaquin I found them.to be pretty flexible when I've had.clients come to me and they've been.maybe 90 days or 120 days behind what.they should be for filing this if memory.serves I believe you should file this 90.days within 90 days of the death of the.decedent.okay so let's jump in and show how to.fill it out all right name and mailing.address I usually leave this blank this.is for the County Recorder to fill out.I've gone into other county recorders.and they've insisted that I fill it out.even though in San Joaquin they don't.want me to so I'm always a.and when filing County documents to.actually go in instead of sending it by.mail so you can make adjustments to the.documents if needed the dog the counties.like to pretend that they're all on the.same page and they all do things.completely similarly and they'll look at.you straight-faced and tell you that's.the case but I can tell you after about.eight years practicing in this field of.law there are some differences so I.definitely recommend going in in-person.to make sure that when you file the.document there are no issues okay so.property this is where we describe the.property and the transfer all right.so Assessors parcel number that is also.called an APN number it appears on more.recent deeds once you get back to about.65 or so I find in California they.stopped having APNs it's pre-ap and it.would seem so an APN is usually a cited.assigned later so you will have to just.contact the county and get that APN or.contact your title company if you can't.find it on the deed if you have an old.deed like that but so I'll just make up.an AP in here.alright the AP ins are always in a.different format this is just a random.one that I put up you know I've seen a.wide variety some have letters in them.some are much longer some are much.shorter depending on the county but just.make sure you get it right property.address street address of the property.in question so in this case we'll make.it easy 1 2 3 Main Street City we'll do.an antique Oh where my office is.recorders document number what's that.that is the document number that is on.the top right-hand corner of the.recorded document where the transfer.we're talking about took place so let's.say that there was a person who died and.they transfer everything to their.children via a will or a trust.okay well that document the deed or the.court order is going to be filed with.the court - I'm sorry filed with the.County Recorder to show that the.transfer took place.all right so that needs to happen you.need to have that underlined document.filed before you fill this out and you.can find the recorders document number.on the top right like I was saying of.the recorded document.all right so usually they start with the.year not always but let's just pretend.it was 2019 something date of purchase.or transfer this is when the court.ordered the transfer or the deed was.signed or whatever.all right so we'll just say 1 1 19 to.make it easy.probate number probate number is going.to be the case number if a probate was.taking place all right.so in san joaquin it's usually something.along these lines for the format date of.death this is if we're having this.transfer as a result of death this is.when it happened all right so let's say.that that happened last year 1 1 18 date.of decree of distribution let's pretend.this is a probate scenario where the.kids are inheriting the decree of.distribution is the probate court's.order so you don't have to fill this out.if this was if the property was not.transferred as a result of a probate.proceeding or some other court.proceeding so in this case it would be.the same as the purchase of transfer.above 1 1 19 so transfer ORS or sellers.this is the person who is giving away.the property that they died and it's.transferred now or they have deeded it.to a child all right so let's say that.the name is John Smith make it easy.social security number 0 0 0 0 0 0.protip you can usually find a social.security number if you don't know the.individual's social security number you.can usually find it on the death.certificate.all right so family relationship to.transfer ease so this person who's.transferring that asset what's their.relationship here to the person who's.getting it 90% of the time parent.right sometimes grandparents something.like that but we'll do parent if adopted.so if the child was adopted you would.fill in at what age the child was.adopted here and I'm not going to do.that today so let's put in a here I.always like filling things out so people.don't think that you skipped it or.missed it alright so I like playing in.A's and places like that.what is this property the transfer or is.principal residence what they're asking.is the person who's transferring this.property was this their home was this.where they lived let's say yes okay then.you can say if there were following.exemptions that were granted or eligible.to be granted on this property okay so.basically if you had a disabled veteran.you might want to look into that and see.if the exemption applied for the.homeowners exemption usually applies all.right so I'm going to check this if it.was the primary residence let me restate.it usually implies have there been other.transfers that qualified for this.exclusion let's say if there were three.houses that were transferred all right.then you would say yes I'm just gonna.say no here but if there were three you.would do a different form for each house.all right and then they would say hey.please include a list of all the.previous transfers and it tells you what.you need to include here.the County Assessor's parcel number.address date of transfer names of all.the transfers buyers and family.relationship transfers principal.residents must be identified you can.just put this on a Word document.I mean if you had clean enough.handwriting it's likely the county would.even accept it written out but I always.prefer typing was only a partial.interest in the property transferred so.I had an example where someone died and.the property was transferred to their.two children but half of the house was.already owned by the decedent sister.so the decedent really only could.transfer 50% via the probate proceeding.so you could say yes here and in that.case it would be 50% was transferred.usually it's a hundred percent but.sometimes it's not always the case was.this property owned in joint tenancy all.right that would say if a parent.had the property titled in joint tenancy.with the child or grandchild you can.tell this by looking at the face of the.deed and seeing if the words joint.tenants or joint tenancy appear all.right so in this case we'll say no all.right so then certification this is all.being signed under penalty of perjury of.course so you're saying that everything.is true all right you're also saying.that you knowingly am granting this.exclusion will not file a claim to.transfer the base year value of my.principal residence under revenue and.Taxation code sixty nine point five i.dreamin talking to a CPA if you have.concerns there.okay so then beyond that so this is.where the person would sign here the.person who is filling out the document.uses usually the child of the decedent.or the transfer or okay excuse me let me.restate this it would be the signature.of the transfer or the adult it was.transferring it or legal representative.that's the case when it's usually the.child not always but my experience it is.that would be the person who is the.personal representative or the trustee.if someone has died or is incapacitated.it is the person who is authorized to.sign on the transfer or okay so sign.print date 12 119 we would say put your.mailing address four five six means to.reach telephone number city state zip.email address you can put whatever you.want I've never had the county actually.email me I usually just put in a but.when I used to put my email address.there for four or five years they never.emailed me so why bother all right so.see transferees buyers additional.transfer ease complete see below so.these are the people who are getting the.property all right so let's say that the.son of John Smith inherited and it was.Michael Smith all right son.this is family relationship to transfer.or if there was more than one you could.fill it out here and there's a place on.the next page for additional transfer.ease down here if you have more than two.if a stepparent stepchild relationship.is involved as parents still married to.or in a registered domestic partnership.with step parent on the date of the.purchase or transfer pretty.self-explanatory I usually don't have.the stepchild scenario pop-up so usually.I don't have to fill out basically most.a lot of this all right because this.wouldn't be implied this would not be.implied if terminated by death had the.surviving step parent remarried or.entered into a registered domestic.partnership as of the date of purchase.or transfer you would answer that.question if in-law relationship is.involved was the son-in-law or.daughter-in-law still married - or in a.registered domestic partnership with the.daughter or son on the date of purchase.or transfer once again you would just.answer yes or no in the scenario I've.provided where it's not an in-law.relationship it is a parent-child.relationship so if no was the marriage.or domestic partnership relationship.terminated by death or divorce.terminated by death had the surviving.son-in-law or daughter-in-law remarried.or entered into a registered domestic.partnership as of the date of purchase.or transfer once again you would answer.this but because of the way that I'm.filling this out where it's just a.simple natural parent natural child tran.transfer basically none of this needs to.be filled out all right sometimes I just.put a big X over that just so everyone.knows that I saw it and didn't apply.certification this is where the.transferee all right signs under penalty.of perjury okay so basically what you.would do here is just pretty.self-explanatory.sign your name print.your name had the date give the mailing.address you know so 12 119 4 5 6 Main.Street phone number and I filling this.out assuming that the legal.representative and the transferee the.legal representative named here is the.same as the chance transfer or or vice.versa I should say city state zip.manteca CA 95126 law to make sure that.this is the smartest move for you it.typically is but it's smart to make sure.all right so that is how you fill out or.at least how I fill out the claim for.reassessment exclusion for transfer.between parent and child so this can.save you a lot of money I hope this is.helpful of course nothing in this video.is meant to create an attorney-client.relationship and nothing in this video.should be construed as legal advice it's.just how I fill out the form so I hope.this was useful for everyone and have a.good one Thanks.

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