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PDF Editor FAQ

How do I securely leave my house to my kids, so that a future partner or spouse of theirs cannot claim it?

As Mr. Chaker says, see a lawyer! However he makes some other good points… but it really depends on your state. If you’re in California — You may be able to leave directly to kids through Proposition 58, with low tax base capped at 2% from Proposition 13… Possible you can cut the spouse out. In Cali your children have built in protections to transfer parents property taxes, upon inheriting property from you — and of course inheriting property taxes from you over the long run. Ask your lawyer if your kids can keep your home and parents property taxes and if the property tax transfer holds above and beyond any spousal demands. Ask the attorney about parent to child transfer, or parent to child exclusion. California trust loans are used to protect inherited property from conflicts between beneficiaries, siblings, working with California Proposition 58 – so maybe this can be used to buyout the spouse just like with siblings. This Prop 58 enables beneficiaries and possibly spouse to sell shares of inherited property, called a beneficiary buyout of sibling property shares… while avoiding property tax reassessment. generally buying out a sibling’s share of an inherited house, “transfer of property between siblings” or “sibling to sibling property transfer” – lending money to an irrevocable trust – from a lender specializing in trust loans and CA Proposition 58. This kind of buyout could be very low — to get rid of a spouse. Take a look at the site managed by CA State Board of Equalization, at https://www.boe.ca.gov and research info at https://propretytaxtransfertrusts.com Also, look at https://cloanc.com/category/prop-58 for some good info.

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