Inheriting a Home in California – Property Tax Guide. Keeping a parents low property tax base.

Inheriting a home in California, Property Tax Guide

Inheriting a home in California, Property Tax Guide

Keep A Parents Low Property Tax Base

Many Californians that are seeking lower property taxes or to keep a parents low property tax base know by now that new property tax relief measures opened up new opportunities for you to take advantage of. If a parent is leaving property to you and your siblings and you’re looking to keep a low property tax base, a loan to an irrevocable trust may be needed to qualify for a California Proposition 19 Parent to Child Exclusion from Property Tax Reassessment.

Highly effective property tax breaks are now available to Californians. If you’re a beneficiary inheriting a home from a parent and the property is currently held in an irrevocable trust; a trust & estate loan to that irrevocable trust is likely required if the trust does not contain sufficient cash to make an equal distribution to all of the child beneficiaries. This is frequently taken advantage of by beneficiaries, perhaps like yourself, who intend to keep a home inherited from parents at the original low property tax base. A loan to an irrevocable trust makes it possible to buyout inherited property shares from co-beneficiaries and greatly speeds up the trust distribution process. A trust loan also saves a great deal of money when compared to selling the family home. Avoiding property reassessment is a property tax relief benefit available to all Californians.

Hands On Experience, Establishing a Low Property Tax Base

If your siblings were receiving their funds from the irrevocable trust by selling the home, they would likely receive far less money. The costs associated with preparing the home for sale, expensive realtor fees and potential closing costs associated with selling the home can be incredibly expensive. When a trust loan is used to facilitate a trust distribution, each beneficiary receives an average of an additional $15,000.00 in distribution when compared to selling the home. The person receiving the family home also benefits greatly. On average our clients save over $6,200.00 a year in property tax savings by avoiding property tax reassessment on an inherited home. Having a specialist to help guide you through some of the advantages of Proposition 19 ends up saving you a lot of money on property taxes.

Trust Loans & Estate Lending in Concert With New Property Tax Breaks

It may sound complicated, but when you speak to your Trust & Estate Attorney, Trust Lender or California Property Tax Consultant, the details become clearer. At Commercial Loan Corporation we specialize in loans to trusts and consistently help Californians inheriting a family home keep their parents low property tax rate. If you are inheriting a home and would like to learn more information on if a loan to an irrevocable trust or a bridge loan is right for you, please call us at 877-464-1066.

Irrevocable Trust Loans

Lending to an Irrevocable Trust

Lending to an Irrevocable Trust

Commercial Loan Corporation is one of only a few California lenders that will lend directly to an irrevocable trust. So what is an irrevocable trust?

An irrevocable trust is a type of trust where its terms cannot be modified, amended or terminated under most conditions. Often times, an irrevocable trust will begin as a living trust and once the grantor passes, will turn into an irrevocable trust. An irrevocable trust designates a trustee and beneficiary(s). The trustee is the person who manages the trust and may also be one of the beneficiaries. An irrevocable trust is commonly used to pass assets to heirs while avoiding probate. When you transfer your assets into an irrevocable trust, you relinquish control of those assets. The trust becomes the owner of the assets at that point.

The reason why most lenders will not lend directly to an irrevocable trust is because the trust is the owner of the assets, as opposed to an individual. This become important when a child is inheriting a home from a parent and would like to use Prop 58, or Prop 19 to keep a parents low property tax base. The California Board of Equalization requires and equal distribution of assets be made when multiple beneficiaries are involved unless specific conditions are met. If there are not sufficient cash assets in the trust to make an equal distribution, then a loan against real estate in the trust will be needed to qualify for the parent to child transfer to avoid property tax reassessment.

That is where Commercial Loan Corporation comes into play. We specialize in lending to trusts and estates; specifically irrevocable trusts.  Our trust loans, allow one child to keep an inherited home with the parents low Prop 13 tax base in tact, while the other child beneficiaries receive an equal portion of cash. Everybody wins! By avoiding expensive realtor fees, each beneficiary on average receives and additional $15,000 in inheritance and the child keeping the family home saves on average $6,200 per year in property taxes.

If you, a family member or a client may be able to benefit from a trust loan, we are here to assist you and answer any questions you might have.  Please call us at 877-464-1066.

Irrevocable Trust Loans

Lender for Irrevocable Trusts

California Lender for loans to Irrevocable Trusts

Loans to Irrevocable Trusts

When it comes time to distribute the assets of an irrevocable trust, a trust loan may be needed if an equal distribution is required or desired. A trust loan provides the trust with liquidity; supplying cash so that assets do not need to be sold off or converted to cash. The trust loan is a mortgage placed against a piece of real estate held in the trust. Unlike a traditional mortgage, a trust mortgage loan is typically a short term loan. Once the assets of the trust are distributed, the beneficiary who inherited the real estate with the trust mortgage placed on it would refinance the trust mortgage with a conventional mortgage or payoff the mortgage.

Why Is An Equal Distribution Important?

When it comes to a trust distribution, an equal distribution can be important for a variety of reasons. Often times there is language in the trust that requires an equal distribution of the assets in the trust be made to beneficiaries. If the trust only contained cash, it would be easy to accomplish this. Unfortunately, most trusts that contain real estate do not have cash or other assets sufficient to create an equal distribution. In this situation, either the real estate must be sold or a mortgage must be taken out on the real estate to infuse the trust with cash. A trust loan is almost always the least expensive of the two options. Sometimes, more importantly, it also allows a beneficiary to keep a family home in the family.

Another important reason for the equal distribution of a trust is to meet the requirements of California Proposition 58. Prop 58 allows a child who is inheriting a home from a parent to avoid property tax reassessment on that home. This passes the low proposition 13 protected tax base from a parent to a child. Often times when the home is held in a trust, an equal distribution is required if a Proposition 58 exclusion from reassessment is to be granted by the County Tax Assessors office. In fact, the majority of trust loans that we provide are specifically for this reason. Our clients save on average over six thousand dollars per year in property tax savings by avoiding reassessment.

Do All Lenders Loan To Irrevocable Trusts?

No, in fact very few lenders are willing to lend to a trust, let alone an irrevocable trust. Typically when a home is held in a trust, a conventional lender will require that the property first be removed from the trust before they will lend on it. When a trust is revocable, this may not be an issue since the home can be added back into to trust once the mortgage process has been completed. Once the trust becomes irrevocable, often times the ability to do so is no longer possible and a lender who can lend to Irrevocable Trusts will be required.

When the requirements of Proposition 58 need to be considered, the situation can become even more complicated. Proposition 58 requires that the acquiring beneficiary of the real estate makes no personal guarantee on the trust loan or trust mortgage.  Doing so would be perceived as a sibling to sibling transfer of real estate as opposed to a parent to child transfer and would likely jeopardize the exclusion from property reassessment. Commercial Loan Corporation is one of the only lenders in California that provides Irrevocable Trust Loans with no personal guarantee requirements. We work directly with Trust Administrators, Trustees, Beneficiaries, Attorneys and Property Tax Consultants. If you require a Trust & Estate Attorney or Property Tax Consultant to assist you with Proposition 58, we can refer you to an expert to assist you.

Is A Trust Loan Less Expensive Than Selling A Home?

Yes, in almost all cases a trust loan is far less expensive than selling a home. Additionally a trust loan takes less time to complete than it takes to sell a home. We can complete a trust loan in as little as 10 business days. That means beneficiaries can get more money and get their funds more quickly. When you consider the ability to take advantage of the Proposition 58’s exclusion from reassessment, the savings grow even further.

We specialize in loans to Irrevocable Trusts. If you or a client are in need of a trust loan or have questions about loans to an irrevocable trust, please call us at 877-464-1066. We will provide you with a free benefit analysis and answer any question you may have.

USC Trust & Estate Conference

USC Trust & Estate Conference

USC Trust & Estate Conference

If you are attending the USC Trust & Estate Conference on 11/22/2019, please stop by our booth an speak with Tanis Alonso, our Senior Account Executive. She will be on hand to answer any questions you may have on Trust Loans and their role in the Proposition 58 exclusion from property reassessment.

This years USC Trust & Estate Conference has over 500 registrants. The conference is tailored for trust, estate planning, probate and elder law professionals. Attorneys, paralegals, trust officers, accountants, financial institution executives, private professional fiduciaries, wealth management professionals, fiduciary officers, underwriters and insurance advisers will all be on hand.

The Featured Sessions Include:

  • Annual Update: Recent Developments in Probate and Trust and their Practical Applications
  • Probate Code §2580, et seq. Whose Judgment Is It Anyway?
  • To Decant or Not Decant…That is the Question
  • Mystery in a Mumu: What Makes Your Judge Tick?
  • Tips and Tricks for Taming Basis
  • Assessing Capacity on a Sliding Scale: A Look Into Retrospective and Contemporaneous Evaluations
  • Attorneys and Other Advisors as Counselors: What They Don’t Teach You in Law School

If you are currently working with a client that might benefit from a trust loan, probate loan, estate loan or has questions about lending to an irrevocable trust; please stop by our booth and Tanis can answer any questions you have.  You may also call us at 877-464-1066.

California Proposition 58 – Avoiding a sibling to sibling buyout

 

California Proposition 58 Qualifications

California Proposition 58 Qualifications

Qualifying for California Proposition 58’s Parent to Child Transfer

When it comes to California Proposition 58, making a mistake can cost you! Prop 58 grants the ability for a parent to transfer real estate to a child and avoid having that property reassessed. That may sound insignificant to some, but it can translate to a dramatic yearly property tax savings. In fact, the clients we assist save on average more that $6,000 per year in property taxes by taking advantage of this Proposition 58 property tax benefit.

In order for a child who is inheriting a home from a parent to qualify for Proposition 58, they must meet specific requirements. One of these requirements is that when there are multiple child beneficiaries involved and one of the children wants to inherit the home, while others wish to receive cash; the child inheriting the home can not use their own funds or personally guarantee the funds used to equalize the distribution. That is where Commercial Loan Corporation can help. Unlike conventional lenders, we provide loans directly to a trust; even an irrevocable trust. This allows our clients to avoid a sibling to sibling buyout which would otherwise disqualify them from receiving a full exclusion from property tax reassessment.

We highly recommend that you work with an attorney or property tax specialist to insure you both qualify and receive your benefit. Call us at 877-464-1066 and we can provide you with a FREE analysis of how much you might be able to save each year in property taxes. We can also put you in contact with a qualified Attorney or California Property Tax Consultant in your area if you require assistance.

CALL 877-464-1066

California Proposition 58 Qualifications

Join us at the 41st Annual UCLA / CEB Estate Planning Institute on 5/3/2019

Estate Planning Institute

Estate Planning Institute

Commercial Loan Corporation will be attending the 2019 – 41st Annual UCLA / CEB Estate Planning Institute at the Marriott in Marina del Ray.  If you will be attending the event please visit our Senior Account Executive, Mike Riggs at our booth.  Mike will be available to answer any questions you may have on our trust & estate loan programs; including our Proposition 58 loans that can allow for an equal distribution of a trust or estate so that a child can keep a parents low property tax base value on an inherited home. If you will not be attending the Estate Planning Institute event, but have questions on California Proposition 58, please call us at 877-464-1066 and we would be happy to assist you.

 

Join Us At The Orange County Estate Planning Council March 26th Event

Orange County Estate Planning Event

Orange County Estate Planning Event

Orange County Estate Planning Council Event

Commercial Loan Corporation is the featured sponsor for tonight’s Orange County Estate Planning Council Event. Mike Riggs and Tanis Alonso will be on hand to answer finance related questions pertaining to California Proposition 58, Parent to Child Real Estate Transfers, Trust Loans, and avoiding property tax reassessment on an inherited property.  Tonight’s Estate Planning council is focusing on INGs and Spousal Lifetime Access Non-Grantor Trusts (SLANTs) PLUS IRC 678 and the Beneficiary Deemed Owner Trust. The event will be from 4:30pm – 8:00pm at the Santa Ana Country Club in Santa Ana, Ca. Tonight’s Orange County Estate Planning Council speaker is Edwin Morrow from US Bank Private Wealth Management.

The presentation will be focusing on INGs and Spousal Lifetime Access Non-Grantor Trusts (SLANTs) – Not Just for State Income Tax Avoidance: How “INGs” and “SLANTs” Can Save State Income Taxes and Why Tax Reform Makes Them Even More Powerful. This segment of the presentation will be from 4:30 to 5:30 PM . IRC 678 and the Beneficiary Deemed Owner Trust will be presented from 7PM to 8 PM focusing on income tax benefits of such trusts include much simpler tax reporting, lower tax brackets, capital gains tax exclusions for residences, much more favorable Section 179 expensing, disregarded transactions, firmer S corporation status, charitable deductions for business income, more favorable life insurance and annuity rules, better treatment for capital losses, and many more benefits often overlooked. Asset protection for such trusts, while seemingly substandard, is hardly a disaster. Any ill effects of a withdrawal power can not only be counteracted but even turned into an advantage over other trust designs. A 50-state comparison chart will be included which summarizes the various state asset protection statutes and law around powers of withdrawal and lapses. 
Both of these presentations qualify for 1-hour of CE for MCLE, CPA, Professional Fiduciary and Trust Officers.

For additional information please visit the Orange County Estate Planning Council website at: http://www.orangecountyepc.org/

Congratulations Autumn!

Autumn Skerritt - Commercial Loan Corporation Operations Manager

Autumn Skerritt – Commercial Loan Corporation Operations Manager

Congratulations Autumn!

As is typical with Autumn Skerritt our Operations Manager; she went above and beyond when it came to meeting the expectations of a client! If fact, the client was so appreciative of Autumn, she sent her a bouquet of flowers and a very thoughtful card to thank her!

Autumn assisted her client in processing a complex trust loan where an old lien needed to be cleared from title before the loan could close. She helped the client make an equal distribution on their trust. This allowed them to preserve their parents property tax base on the inherited home, saving them thousands of dollars each year in property taxes. Autumn stayed in contact with the client throughout the entire trust loan process and did everything she could to help them close as quickly as possible! Her hard word and dedication to her clients needs sets her apart from other people in the industry. Those are just a few of the qualities that makes Autumn such a a pleasure for her clients and coworkers to work with.

Thank you for everything that you do for your clients and our company Autumn!

California NAELA 2019 Summit San Francisco

Trust Loans Booth at the California NAELA Joint Chapters 2019 Summit

Trust Loans Booth at the California NAELA Joint Chapters 2019 Summit in San Francisco

Loans to Trusts & Estates

Mike Riggs, Senior Account Executive for Commercial Loan Corporation is attending this years California NAELA Joint Chapters 2019 Summit in San Francisco. If you are an attendee and have any questions on our California Proposition 58 safe loans for Trusts & Estates, please visit Mike at our booth. He can review our Trust Loan Benefit Calculator with you and determine if a trust loan makes sense for your client.  As you can see from the sign in the photo above, on average we save our clients $6,200 per year in property taxes by helping them qualify for a parent to child transfer and exclusion from property reassessment.

If you are not attending the California NAELA 2019 Summit, but would like more information on our Proposition 58 third party loans to trust and estates, or would like information on maximizing your trust distribution; please call us at 877-464-1066. We can answer any questions that you might have provide you with a free benefit analysis. On average we help clients distribute an additional $41,000 in proceeds to beneficiaries!

Call Us At 877-464-1066 For Trust Loan Information