On November 3, 2020, California voters approved Proposition 19, the Home Protection for Seniors, Severely Disabled, Families and Victims of Wildfire or Natural Disasters Act. Proposition 19 is a California constitutional amendment that limits people who inherit family properties from keeping the low property tax base unless they use the home as their primary residence.
This new proposition will make important changes to existing statewide property tax saving programs for Californians. California Proposition 19 replaces California Proposition 58(1986) and Proposition 193(1996) by limiting parent-and-child transfer and grandparent-to-grandchild transfer exclusions. These Prop 19 changes are likely to go into effect on 2/16/2021. As of right now, the California Board of Equalization is still trying to work out some of the formalities of the new legislation. You can view the Board of Equalization current interpretation of California Proposition 19 here.
Here are the impacts made to Proposition 58 by Proposition 19 as expressed on the California BOE website: California Proposition 19 changes to Proposition 58
The two most significant changes made to Proposition 58 by California Proposition 19 are the restriction to occupancy and the new $1,000,000 benefit limit on a primary home. Even once these changes to Prop 58 are in place, there are still significant benefits available to California residents who inherit a home from a parent. Providing you intend to occupy the home as your primary residence so can still save as much as $10,000 annually in property tax savings.
If you, a family member or client has questions on California Proposition 19, or would like a free benefit analysis on how much you may be able to save by taking advantage of a parent to child property tax transfer, please call us at 877-464-1066.
Ken McNabb Senior Account Executive at Commercial Loan Corporation
Congratulations to Kenneth McNabb on his recent promotion to Trust & Estate Senior Account Manager. Ken is one of our top Trust & Estate loan professionals and assists both clients and Attorneys with loans to Irrevocable Trusts and Probate Estates. Our loans help clients take advantage of the California Proposition 58 Parent to Child Transfer. The Prop 58 Parent to Child Transfer allows a parent to transfer real estate and the associated low Prop 13 protected property tax base to a child. By doing so the child who is inheriting to property saves on average over $6,000 a year in property taxes.
If you, or a client of yours is in need of a loan to an irrevocable trust to equalize a trust distribution, Ken can provide you with a free cost benefit analysis. The free cost benefit analysis details exactly how much you could save by taking advantage of your California Prop 58 parent to child transfer benefit. Unlike a traditional lender, Commercial Loan Corporation is able to lend directly to an Irrevocable Trust with no personal guarantee from the acquiring beneficiary, meeting that California Board of Equalization requirement to qualify for Proposition 58.
For immediate assistance, please call us at (877)464-1066.
Please join us this November 13th for the Virtual 46th Annual USC Gould Trust and Estate Conference. We are sponsoring the event again this year and will be available to answer any questions you have on Lending to an Irrevocable Trust or Probate Estate. Our loans assist clients in qualifying for the California Prop 58 Parent to Child Exclusion from Property Tax Reassessment on an inherited home.
Tanis Alonso, one of our Trust & Estate Loan Senior Account Executives will be available for Zoom meetings during the Conference or available by phone at (877) 464-1066 to assist you and provide you with more information on our specialized lending programs. Commercial Loan Corporations is one of the only lenders in California who will lend to an Irrevocable Trusts, allowing our clients to meet the California Board of Equalization requirements to qualify for their Exclusion from Reassessment.
If you are interested in attending this years USC Gould Trust and Estate Conference, please visit their website here for more details: Trust & Estate Conference – Los Angeles
This years USC Gould Trust & Estate Conference Features Information on the following
Keynote Presentation: Bending the Arc of History with Terrence Franklin Practical Topics: Annual Updates, Trustee and Beneficiary Harmony, Anti-SLAPP, Divorce, Stretching Retirement Savings, and Sub-Trust Allocations CE Credit: MCLE, CPE, CFP, PFB, and CTFA (Pending)
8:30 AM – 8:35 AM (PST) Welcome and Introductions 8:35 AM – 10:05 AM (PST) Annual Update: Recent Developments in Probate and Trust and their Practical Applications 10:05 AM – 10:20 AM (PST) Break Sponsored by Professional Fiduciary Association of California 10:20 AM – 11:20 AM (PST) Love in the Time of COVID-19: Trustee and Beneficiary Harmony in Years Like 2020 11:30 AM – 12:30 PM (PST) No-Contest Clauses and the Anti-SLAPP Statute: Traps for the Unwary 12:40 PM – 1:20 PM (PST) Keynote Presentation Sponsored by Signature Resolution: Bending the Arc of History Towards Justice in the Probate Court 1:20 PM – 1:40 PM (PST) Break Sponsored by Jack Barcal, Esq. 1:40 PM – 2:40 PM (PST) Tales from the Dark Side: HELP, My Client Is Getting Divorced (or Married, or Remarried). What Do I Do? 2:50 PM – 3:50 PM (PST) How to Stretch Retirement Savings with a CRUT 4:00 PM – 5:00 PM (PST) Better Late Than Never? The Looming Implications of Late Allocations to Sub-Trusts
For more information on our loans to irrevocable trusts and probate estates, please call us at 877-464-1066. We can provide you or your client with a free cost benefit analysis and let them know exactly how much property saving can be attained by taking advantage of a parent to child property transfer and exclusion from property tax reassessment.
Loans to Trusts and Estates for the Prop 58 Parent to Child Property Tax Transfer
An Interview with Abraham Ordaz regarding Loans to Trusts and Estate to equalize a distribution in order to qualify for the California Proposition 58 Exclusion from Property Tax Reassessment.
Recently Abraham Ordaz, Account Executive for Commercial Loan Corporation was interviewed by PropertyTaxTransferTrusts.com. The interview focused on how Abraham assists clients with financing for Irrevocable Trusts to provide liquidity so that an equal distribution can be made and a child inheriting a home can keep their parents low Proposition 13 protected property tax base. The full interview can be found here.
Here are some highlights from that interview:
Property Tax Transfer: Abe, thank you so much for sitting down with me today to chat about your work at Commercial Loan Corp and how you assist clients when it comes to using California Proposition 58 to transfer a parents low property tax base to a child who is inheriting a home.
Abraham Ordaz: Sure, my pleasure.
Property Tax Transfer: Abe, who do you generally speak to when it comes to taking calls from prospects?
Abraham Ordaz: I speak to a variety of involved parties when it comes to helping a client transfer a parents low Prop 13 property tax base from a parent to a child. Often times the conversation begins with a Trust Administrator or a Trust Beneficiary who is interested in using Prop 58 to transfer a property tax base from a parent to a child on an inherited property. After that initial conversation it is common for me to also have a conversation with the Trust & Estate Attorney who is assisting them with the distribution of the trust or estate. On occasion they do not have an attorney who is currently working with them and I am able to refer them to one in their area who is familiar with the Proposition 58 Parent to Child Property Tax Transfer process and who can help them secure their property tax transfer benefit. At Commercial Loan Corporation we have helped hundreds of clients by providing them with a loan to an irrevocable trust so that an equal distribution can be made and they can meet the requirements set by the California Board of Equalization to qualify for the Proposition 58 property tax transfer benefit.
Property Tax Transfer: Are your clients and attorneys usually familiar with trust loans, and how they work with the California Proposition 58 process?
Abraham Ordaz: Many of the Attorneys that I work with are familiar with the Proposition 58 process, as well as Proposition 13 and the need for a trust loan to equalize a distribution when a trust or estate does not have sufficient liquid assets. In fact, many of my clients are referred to me by their trust and estate Attorney. We are one of the only California Trust and Estate Lenders who will lend directly to an Irrevocable Trust with no personal guarantee from the acquiring beneficiary and we are the only California lender that I am aware of that specializes with these types of transactions to help clients secure their Proposition 58 property tax benefit. That is the reason why I receive so many Attorney referrals. The Attorney wants to make sure that their client is in good hands and that the process is done correctly so that the client will qualify for the Prop 58 parent to child exclusion from property tax reassessment. Often times we help clients save more than $6,000.00 per year in property taxes on an inherited home.
Property Tax Transfer: Abe, that is fantastic that you have developed such great relationships with Trust & Estate Attorneys. Do you usually provide them with an estimate on how much you would be able to save their clients when it comes to property taxes?
Abraham Ordaz: Yes, we provide a free cost benefit analysis for each client. It tells them exactly how much we expect their client to save in property taxes each year as opposed to if their property were to be reassessed. At that time we also provide them with a free quote for the trust loan so that we can make sure it is in their best interest. In most cases it is of great benefit…
Property Tax Transfer: Do you get into the various particulars with Proposition 58, and how that works in concert with loans to trusts?
Abraham Ordaz: Yes, we break everything down into very simple terms so that the Proposition 58 property tax transfer and trust loan process are all easy to understand. That is one of the reasons why so many Trust and Estate Attorneys who deal with California Proposition 58 love to work with us.
Property Tax Transfer: Got it. Abe, how do you help your clients who are interested in keeping a parents low property tax base on an inherited home understand how the trust loan and Proposition 58 parent to child transfer benefits work, keeping the initial inheritance property transfer taxes down, buying out siblings’ property ownership shares, and so on? Yet keeping it very simple.
Abraham Ordaz: I start with the basics of Proposition 58 and the California Board of Equalization requirements for a Parent to Child Property Tax Transfer. I then help them determine how much their trust or estate will need in order to make an equal distribution. After that we review all the numbers together and I answer any questions they may have on the process. Next we get their Attorney involved so that they can handle all of the legal aspects of the Proposition 58 parent to child exclusion and provide us with all of the required information for the trust or estate. Lastly, we provide them with the funds needed so that an equal distribution can be made in order for them to meet that qualification requirement for Prop 58. The Attorney or Property Tax Consultant then helps them submit their property tax transfer request to the County Assessors office so that they can secure their parents low property tax base.
Property Tax Transfer: Got it. Abe, do you get into the customer service aspect at all? I understand that a very special kind of customer service is critical to this process, to be successful, so to speak, with each family.
Abraham Ordaz: Yes… Customer service is the most important aspect to our business and we try to be our best version of ourselves for every client regardless of the size of the loan. Everyone is treated equally and respectfully. Everyone that joins the Commercial Loan Corp family, as it were, is a V.I.P. client!
Property Tax Transfer: That’s very interesting and a rare thing to find these days in this business climate. Well, we want to thank you so much for sitting and chatting with us today. We really appreciate it.
Abraham Ordaz: It’s my pleasure. Thanks for having me.
If you, a family member or a client is interested in California Proposition 58 and the ability to transfer a parents low Prop 13 property taxes on an inherited home, please call Abraham Ordaz at 877-464-1066. He or one of our other Trust and Estate Loan Account Executives can assist you and answer all of your questions.
Here is a recent interview with Kenneth McNabb (Commercial Loan Corporation Trust & Estate Loan Account Executive) and PropertyTaxTransferTrusts.com. In the interview Ken discusses how Commercial Loan Corporation assists clients with Proposition 58 by using a Trust Loan to infuse a Trust with the funds needed to make an equal distribution and qualify.
Property Tax Transfer: Hello Ken, how do you disseminate the information you want to get across to prospects and new clients? In order to address financial issues that beneficiaries need to know, to resolve what are often complex financial concerns?
Kenneth McNabb: I tend to give general information at first and provide our clients a solid overview. I then determine exactly how urgent the the financial issues are.
Property Tax Transfer: What do you do with a family that appears to be at an impasse, for example cannot agree on the value of an inherited home?
Kenneth McNabb: When no one in a group of siblings can agree on what the value of a home should be I typically suggest we create a Cost Benefit Analysis and have an appraisal done. The appraisal is conducted by an independent third party and will show the true value of the home in question. Plus I make sure I know who wants to sell an inherited property, and who wants to keep the property. Typically everyone wants that low property tax base to remain intact. Usually at the root of the issue is that some beneficiaries do not realize that they can actually save a considerable amount of money by taking out a trust loan and having a sibling keep a home as opposed to selling it and having to pay realtor fees, closing costs and the repair costs. Selling an inherited home can be quite expensive. In fact we save our clients on average more than $40,000 when compared to selling a home. That does not include an average annual tax savings of over $6,200 by taking advantage of California Proposition 58! One other benefit is that a trust loan takes far less time that it takes to sell a property; so everyone receives their funds much more quickly.
Property Tax Transfer: When in the estate or inheritance timeline do these siblings tend to contact you, contact the firm you work for?
Kenneth McNabb: Some are urgent to get the money right away to buyout siblings…. Some even call us before anyone even passes away! Sometimes it’s a week after the death of a parent… Sometimes it’s a year after someone passes away.
Property Tax Transfer: And the next most important thing?
Kenneth McNabb: Well, I suppose that would be – what it means to inherit property from a parent. As maybe a once-in-a-lifetime, singular event.
Property Tax Transfer: Yes, it’s definitely a profound event. Tell me, who do you primarily deal with in your average family group? Typically.
Kenneth McNabb: Not counting the exceptions… Typically, I’m generally dealing with “the captain of the team”. The trust administrator, the person who wants to retain the parents home or oldest sibling. On occasion one of the siblings in an attorney and I will deal with them.
Property Tax Transfer: What does that person, that spokesperson, typically want, most of all?
Kenneth McNabb: I’d have to say that they want to keep the low CA Proposition 13 property tax base. Plus be able to buyout the sibling or siblings who want to sell their shares in that property.
Property Tax Transfer: What about Proposition 58, getting approved, and how it all works in conjunction with a trust loan, besides securing a low CA Proposition 13 property tax base… How do you explain all that? As I see it, this is the key to success in this business. If they don’t “get it” the first time around, they usually just walk away, don’t they? People often push away what they think they can’t understand.
Kenneth McNabb: My job is to make sure they understand this process within the first 30 seconds of the conversation! I keep everything as simple as possible. I explain Proposition 58 and securing a low CA Proposition 13 property tax base in very simple terms. I Let them know, in plain English, without a lot of confusing technical jargon, how an exclusion functions for the property – from parent to child… I ask them “Would you rather pay property taxes based on the day their parents’ bought the property… Or get hit with a super high current tax base, and pay what would be reassessed now, today…” I suppose you can guess what their choice generally is.
Property Tax Transfer: Right. Doesn’t take a genius to figure that one out! Everyone wants that low CA Proposition 13 property tax base. Now, although you’re dealing with more or less non-conventional lending issues… How do you deal with non-conventional loan requirements? Where approval is concerned – along the pathway towards final approval for these folks.
Kenneth McNabb: Since we are lending to the trust and not to an individual in most situations, the loan process is very fast and easy. In fact, we can often close a loan in as little as a week; providing we have received all of the required paperwork.
Property Tax Transfer: What is the Continuing Legal Education all about? Is that for Trust & Estate attorneys only?
Kenneth McNabb:Commercial Loan Corporation specializes in providing loans to irrevocable trusts to help our clients utilize Proposition 58 and keep a parents low Prop 13 property tax base. After doing this for so long, we have become very knowledgeable on California Proposition 58 matters. We partnered with Michael Wyatt, a California Property Tax Consultant that worked in a California Assessors office for over 15 years and together created an authorized Continuing Legal Education course that Attorney’s may take to meet their California continuing legal education requirements.
Property Tax Transfer: Thank you for taking the time to speak with us Ken. If one of our readers needs assistance with California Proposition 58 or has questions about a loan to an irrevocable trust, how may they reach you?
Kenneth McNabb: They can either call us at 877-464-1066 or inquire right on our website. We are always happy to answer any questions that they are their Attorney may have on the trust or estate loan process. We can also provide a Free benefit analysis which shows how much each beneficiary will save by using a trust loan to keep a home as opposed to selling it.
California Bridge Loan Financing To Trusts & Estates
Commercial Loan Corporation specializes in providing bridge loans to trusts and estates. We are one of just a handful of lenders in California that provide bridge financing to trusts. Even more importantly, we specialize in this type of lending. Often times our clients utilize our private money bridge loan financing to allow for an even distribution to be made from a trust or estate. This can be crucial when a client is trying to receive a Proposition 58 granted exclusion from property tax reassessment to preserve a parents low property tax base on inherited property.
Thanks to California Proposition 13, property taxes in California can not increase by more than 2% each year. Since property values in California historically increase at a far higher rate, retaining a parents low property tax base can be incredibly valuable. In fact, on average we save our clients $6,200 a year in property taxes by helping them avoid a property tax reassessment. Over time that savings can compound, making for an incredible benefit. If you are inheriting property from a parent and are interested in preserving their low Proposition 13 property tax base, call us at 877-464-1066 and we can help you determine how much you might be able to save by utilizing one of our bridge loans.
What Is A Bridge Loan?
A bridge loan or bridge financing is a short term loan utilized until a person or trust secures permanent financing. Bridge loans or bridge mortgages are only intended to be held for a short period of time and typically have a term between 1 and 12 months.
Many of our clients either pay our bridge loan off in full after their exclusion from property tax reassessment has been granted or will refinance the debt with a conventional mortgage once the Proposition 58 exclusion has been granted. We are also able to assist our clients with permanent financing if needed. If you, a family member or client is interest in receiving a bridge loan for a trust or estate, please call us at 877-464-1066 so that we may assist you.
California Proposition 19 changes to Proposition 58
