Trust Equalization Loan

Trust Equalization Loan

Trust Equalization Loan

A trust equalization loan is a loan to a trust or irrevocable trust to facilitate an equal distribution of assets when disproportionate assets such as a home are involved. Trust equalization loans can be a requirement when one of the child beneficiaries is attempting to do a parent to child transfer in order to keep a parents low property tax base on an inherited home and the trust contains insufficient cash assets to make an equal distribution.

We provide more loans to irrevocable trusts than any other lender in California. We specialize in assisting beneficiaries who inherit a home, transfer and keep a parents property tax base.  We have provided over 550 trust equalization loans and on average save our clients more than $6,500 a year in property taxes.

Are you in the process of inheriting a home from a parent? If so, call us at (877) 464-1066 and we can provide you with a free trust equalization loan benefit analysis. I will let you know exactly how much you can expect to save each year in property taxes and one of our helpful trust loan account executives will answer all of your questions on how the process works.

Proposition 19 Transfer Benefit Increased to $1,022,600 on 2/16/2023

Proposition 19 Benefit Increase

Proposition 19 Benefit Increase

California Proposition 19 allows transfers of a family home or family farm between parents and their children without causing a change in ownership for property tax purposes. It is an exclusion from change in ownership. Allows transferee to retain the
taxable value of the transferor. “Taxable value” means the base year value plus inflationary adjustments, commonly referred to as the factored base year value.

Proposition 19 applies to a purchase or transfer of a family home between parents and their children if the property continues as the family home of the transferee. The transferee must live in the home as their primary residence within one year of transfer and file for the homeowners’ or disabled veterans’ exemption within one year of transfer to qualify for the exclusion.

• For a family farm, defined as real property under cultivation or which is being used for pasture or grazing or that is used to produce any agricultural commodity as used in Government Code section 51201, there is no requirement that the family farm contain a home that the transferee lives in to qualify.

• There is a limit to the value that can be excluded for a family home or each legal parcel of a family farm. The value limit is equal to the property’s taxable value (factored base year value) at time of transfer plus $1 million. If the market value exceeds this limit, the difference is added to the taxable value. (Note: The $1 million allowance will be adjusted annually by the State Board of Equalization (BOE) beginning in 2023.)

Additional information on the Proposition 19 Intergenerational Transfer can be found here on the California BOE Website

On February 16th, 2023 the California Board of Equalization increased the transfer exclusion benefit from $1,000,000 to $1,022,600. As a policy, every 2 years the Board of Equalization reviews the Proposition 19 benefit and will adjust it based on the Federal Housing Finance Agency house price index numbers. The goal of these modifications is to keep California Proposition 19 effective over time as the values of a home change. The next adjustment to the Proposition 19 parent to child transfer benefit and home property tax transfer benefit is scheduled to occur on February 16, 2025.

The following is the documentation from the California Board of Equalization on the increase to the Proposition 19 Benefit:

California Proposition 19 Benefit Increase for February 16th 2023

If you, a family member or client requires assistance with obtaining a California Proposition 19 Parent to Child Transfer benefit, please call us at (877) 464-1066.

What is a Probate Loan?

Probate Loans

Probate Loans

Probate Loans & Estate Loans

Commercial Loan Corporation is a California based provider of probate loans. Our probate and estate loans are specifically designed to help heirs, beneficiaries and administrators who are in need of financing on a home involved in the probate process. Commercial Loan Corporation is California’s premier probate lender. We have helped our clients save over 12 million dollars in property taxes by transferring a parent’s low property tax base on an inherited home. We provide estates with the cash needed to make an equal distribution and qualify for a California Parent to Child Property Tax Transfer.

Our specialized probate loans and estate loans allow heirs, beneficiaries and probate administrators to buy out siblings, settle debts, make improvements to a home, and prevent property tax reassessment on a home being inherited from a parent. We offer affordable loans that are customized to your needs. We provide each client with a Free Upfront Probate Loan Benefit Analysis that shows your estimated loan proceeds, property tax savings and the costs associated with the loan.  On average our probate loans, estate loans and trust loans save our clients over $6,550 in property taxes each year by avoiding property tax reassessment on an inherited home.

If you, a sibling or a client is interested in a California Probate Loan, Loan to a Trust or Estate Loan, we are here to assist you. Call us at 877-464-1066 and we can provide you with a free estimate showing you how much you might be able to save by avoiding property tax reassessment with the help of a probate loan.

What is a Probate Loan?

Probate loans are loans provided to a home involved in the probate process. Probate is the administration of a deceased person’s estate, with or without a will. A probate loan or estate loan provides funds to the probate estate to accomplish a goal that requires the conversion of equity in the real estate into cash. The probate loan is made directly to the estate. A probate loan must be approved by the probate administrator. We can help guide your through the process and if needed, put you in contact with an Attorney or Property Tax Consultant to assist you with the process.

Why is a Probate Loan needed in some situations?

A Probate loan or estate loan, provides cash to the estate for a variety of purposes. During the probate process, which can be lengthy, the administrator of the estate may need funds to administer the estate. Examples of this may include utility costs, property taxes, property insurance, association fees, legal expenses, paying off outstanding debt, mortgage payments, or property maintenance expenses. Without a probate loan, the estate may not be able to afford to meet the costs of these expenses. A probate loan or estate loan is also often used to buy out siblings when multiple siblings are inheriting a home from a parent. For example, the child that wants to keep the family home can take out an estate loan and buy out the other siblings with the cash provided from the probate loan. If a child wants to keep a parents low property tax base on an inherited home, the County Assessors Office must approve the exclusion for reassessment. One of the requirements of a California Property Tax Transfer and Exclusion for Property Tax Reassessment is that an equal distribution of assets be made to all child heirs / beneficiaries and that if sufficient cash assets do not exist in the estate, that a non-personally guaranteed 3rd party loan be used to equalize the distribution. If the process is not done correctly, the property may be reassessed at the current market value. On average we are able to save our clients over $6,500 per year in property taxes by helping them avoid property tax reassessment on the inherited home. Additionally, we save the estate over $50,000 on average by avoiding the costly realtor fees associated with selling a home, and all of the heirs / beneficiaries are able to take advantage of that savings. If you are interested in finding out if a probate loan might be a good option for you, please call us at (877) 464-1066

Parent to Child Property Tax Transfer in California

Parent to Child Property Tax Transfers in California

Parent to Child Property Tax Transfers in California

Perhaps the greatest benefit of California Proposition 58 and Proposition 19 is the ability those propositions grant to a parent allowing them to transfer their low property tax base to a child. On average avoiding property tax reassessment saves a child inheriting a home over $6,500 a year. In some situations that property tax savings means the difference between a child being able to afford keeping an inherited home or having to sell it.

Depending on the date of death of the parent who is transferring real estate to a child, the child may be able to take advantage of the Proposition 58 benefit or be forced to use the new Proposition 19 property tax transfer benefit. California Proposition 19 went into effect on February 16, 2021. The California Board of Equalization has created a chart (located here) to help you understand the difference between the Prop 58 and the Prop 19 parent to child transfer benefits. The two primary differences boil down to the ability to transfer a home that will not be used as a primary residence and the amount of property value that you are able to exclude from reassessment. Proposition 19 only allows a child to avoid property tax reassessment on a home that will be used as their primary residence, where Proposition 58 does not have that restriction. Additionally, Proposition 19 allows you to exclude the current taxable value plus $1,000,000; where Proposition 58 has no value limitations for a principal residence.

Often times when a trust is involved, a parent will leave a family home to multiple child beneficiaries. When that is the case and one of the children wishes to keep the family home and take advantage of their Proposition 58 or Proposition 19 property tax transfer benefit to avoid property tax reassessment, the trust may need to borrow money against the home so that an equal distribution on trust assets can be made. In many cases the California Board of Equalization will require an equal distribution of the trust assets be made in order to qualify for an exclusion from property tax reassessment. If there are not sufficient cash assets held in the trust, the trust will need to borrow the funds to make the equal distribution. Commercial Loan Corporation is one of the few lenders in California that will make a loan to an irrevocable trust.

We specialize in assisting beneficiaries and trust administrators when a loan to an irrevocable trust is required. If you would like to learn more about how a loan to a trust can help you avoid property tax reassessment on an inherited home, please call us at 877-464-1066.

Property Taxes In California

How to Transfer a Parents Property Tax Base

How To Keep A Parents Low Property Tax Base On An Inherited Home

What is California  Proposition 13?

In the 1970s property tax hikes were completely out of control. Working class and middle class families were losing their homes because they could no longer afford to make their mortgage payments with the rapidly increasing property taxes factored in. California Proposition 13 changed all of that!

California Proposition 13, officially named the People’s Initiative to Limit Property Taxation, was amended the Constitution of California in 1978. The initiative was approved by California voters on June 6, 1978.  California Prop 13 states that the maximum amount of any ad valorem tax on real property shall not exceed one percent (1%) of the full cash value of such property. The one percent (1%) tax to be collected by the counties and apportioned according to law to the districts within the counties.

Additionally and perhaps most importantly, Proposition 13 decreased property taxes by assessing values at their 1976 value and restricted annual increases of assessed value to an inflation factor, not to exceed 2% per year. It also prohibits the reassessment of a new base year value except in cases of change in ownership or completion of new construction.

By making these changes to the California Constitution, Prop 13 stabilized property taxes for home owners. People were able to predict if home ownership was going to be affordable for them now and in the future. In situations of rapidly increasing property values, like we have experience in California over the last 50 years, people were no longer in jeopardy of losing their homes due to the inability to afford the increase in their property taxes.

What is California Proposition 58 – Parent to Child Property Tax Transfer?

As time passed a new issue made itself evident. When parents passed on the family home to children a change of ownership would occur and the child who inherited the home would have the property reassessed. In many situations, this property tax reassessment would make the home unaffordable and the child would have no option but to sell the family home.

On November 6, 1986,  California’s Proposition 58 granted Californians the ability to avoid property value reassessment on inherited real estate. With certain limitations, California Proposition 58 allowed for the exclusion for reassessment of property taxes on transfers between parents and children. Proposition 58 allows the new property owner to avoid property tax increases when acquiring property from their parents. The new owner’s taxes are instead calculated on the established Proposition 13 factored base year value, instead of the current market value when the property is acquired.

What is California Proposition 19?

On November 3, 2020, California voters approved Proposition 19. Prop 19, also known as the Home Protection for Seniors, Severely Disabled, Families and Victims of Wildfire or Natural Disasters Act made sweeping changes to a property owner’s ability to transfer their Proposition 13 Assessed Value and also replaced California Prop 58. The measure allows homeowners to transfers their assessed value in some situation and added new transfer provisions for victims of disasters and individuals severely handicapped. Prop 19 changed Prop 58 and limited the parent to child property tax transfer and exclusion for property tax reassessment to $1,000,000 in assessed value and to owner occupied properties. In order to receive your Prop 19 parent to child transfer benefit, the California Board of Equalization and the County Assessors Office has requirements on how the transfer is made.

Commercial Loan Corporation works with your Estate Attorney or California Property Tax Profession to help you qualify for your Prop 19 Parent to Child Transfer Benefit. We provide loans to Irrevocable Trusts and Probate; allowing for an equalized distribution to be made to all involved child beneficiaries without having a personal guarantee from the acquiring beneficiary.

Are you curious if you are eligible for the California Prop 19 Parent to Child Transfer Benefit or would like to learn more about it? We have helped hundreds of clients receive their benefit and on average save them over $6,500 per year in property taxes. Call us at 877-464-1066; we will answer all of your questions and let you know how much you may be able to save in property taxes on an inherited home.

California Proposition 19

California Proposition 19

California Proposition 19

The President of Commercial Loan Corporation, Mr. Kerry Smith was recently published in the Orange County Register regarding California Proposition 19 and the impact made on California residents. In the article, Mr. Smith compares the new Prop 19 property tax transfer benefits to the previous benefits granted to Californian’s by California Prop 58.

Mr. Smith states “It is important to understand how Proposition 58 helps the average Californian. The majority of transfers from parent to child happen after both parents have passed. The date of passing of the last (surviving) parent will be used as the date of transfer to the beneficiaries (children). Our average client takes 17 months to settle the estate after the death of the surviving parent. During this time, the children are responsible for continuing to pay the property taxes on their parent’s home and any other property. Under Proposition 58, passed overwhelmingly by voters in 1986, a home and up to $1 million of assessed value of other property are excluded from reassessment when transferred between parents and children. This keeps the property tax bill the same.”

You may view the entire article on the Orange County Register website located here. If you or a family member are interested in transferring a parents low property tax base on an inherited home and have questions or require a loan to a trust to equalize a trust distribution, please call us at 877-464-1066.

California Proposition 19 – Parent To Child Property Tax Transfer On An Inherited Home

California Property Tax Transfer

California Property Tax Transfer

As many Californians are aware, a home undergoes reassessment at “ current market value” if it’s transferred, inherited, sold or gifted from one party to another – and, in turn, taxes on the property often increase significantly providing additional revenue to the city and county they are located in. If the sale or transfer is between parent and child, in certain situations, the home won’t undergo reassessment once specific requirements are met and the application to avoid reassessment is filed properly. It is highly recommended that a trust and estate attorney or California property tax consultant are used to advise you in this situation.

California Proposition 58 is established in section 63.1 of the Revenue and Taxation Code and has been modified by California Proposition 19 in 2021. The below bullet points may untangle some of the confusion that has formed around some of the Prop 19 property tax breaks.  We need to take note that property tax relief limitations built into Proposition 19 are presently serving as a replacement to the pre-Feb 2021 Proposition 58  parent-to-child exclusion, also referred to as a “parent-child exemption” which protect the child inheriting a home from a parent from property tax reassessment.

• Proposition 19 was more or less rushed through the political and electoral process, passed by the CA Legislature and placed onto the November 2020 ballot. Homeowners’ ability to transfer parents property taxes, in other words the right to keep parents property taxes on any parental property tax transfer, inheriting property taxes from Dad or Mom and enabling heirs to keep parents property taxes are sill in place as valid tax breaks, allowing beneficiaries or heirs to avoid property tax reassessment – the process is just more limited than it was previously.

• Establishing a low property tax base along with the transfer of property between siblings, sibling-to-sibling property transfer – buying out a sibling’s share of inherited property through a trust loan, in conjunction with Prop 58, is still in place, however inheriting property taxes from a parent has been limited in some circumstances by Proposition 19. Still the majority of children can receive a full property tax transfer from a parent on an inherited home.

• Sections of the approved California Proposition 19 documentation and revisions to various sections are vague. To correct these issues, Santa Clara County Tax Assessor Larry Stone was appointed by the California Assessors’ Association (CAA), with four other tax Assessors, to a CAA “committee” to provide clarity to the new Proposition 19 implementation process. The CAA committee has enlisted specialists and tax lawyers throughout California, and is working with the Board of Equalization (BOE) to furnish guidance and where necessary recommend passage, on an urgency basis, towards implementing appropriate statutes.

• Only inherited properties used as primary homes or farms would be eligible for the property tax transfer. Those who are “severely disabled”, or whose homes were destroyed by wildfire or a “natural disaster” can now transfer their primary residence’s property tax base value to a replacement residence of any value, anywhere in the state.

• Eligible homeowners can now take advantage of “special rules” to move to a more expensive home. Their property tax bill would still go up but not by as much as it would be for home buyers that are “not eligible”.

A claim form must now, as of Feb 2021, be completed and signed by the transferors and transferee and filed with the Assessor. A claim has to be filed  within three years after the date of purchase or transfer, or prior to the transfer of the real estate to a third party, whichever is earlier.

If a claim form has not been filed by the date specified above it will be timely if filed within six months after the date of mailing of the notice of supplemental or escape assessment for this property. If a claim is not timely filed the exclusion will be granted beginning with the calendar year in which you file your claim.

If you have questions regarding California Proposition 19, Prop 58 and the benefit that you may be entitled to, please call us at 877-464-1066. We can help you determine if a loan to a trust is needed for you to receive your benefit and how much you might be able to save in property taxes by keeping a parents low property tax base on an inherited home.

California Proposition 19

California Proposition 19

California Proposition 19

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 58California 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.

 

 

The California Parent to Child Exclusion From Property Tax Reassessment

Parent Child Exclusion From Property Tax Reassessment

Parent Child Exclusion From Property Tax Reassessment

Commercial Loan Corporation specializes in helping clients qualify for California Proposition 58’s Parent to Child Exclusion from Property Tax Reassessment with our Trust and Estate loans. You may be wondering what the parent to child exclusion from property tax reassessment is. When a parent passes and leaves a child real estate in California, Prop 58 grants the ability for a child to also inherit the parents low property tax base on the property if certain conditions are met and the appropriate documents are submitted correctly to the county tax assessors office.

How does Commercial Loan Corporation help in that situation?

Often times when there are multiple children involved and one of those children want’s to inherit the property and keep the parents low property taxes, the county assessors office will require an equal distribution of assets be made to all children. Unfortunately most Trust & Estates do not have sufficient cash assets for an equal distribution to be made and that may result in the inherited home being reassessed. Commercial Loan Corporation can assist clients in that situation. Unlike most California lenders, we specialize in assisting customers with the California Proposition 58 parent to child exclusion from property tax reassessment. In fact, we are one of the only California lenders that will lend directly to an Irrevocable Trust with no personal guarantee from the acquiring beneficiary which is often a Board of Equalization requirement when the property is held in an irrevocable trust and multiple beneficiaries are involved.

If you, a family member or a client of yours is inheriting property and are interested in transferring a parents low property tax base please give us a call at 877-464-1066. We can answer any questions you may have and provide you with a free analysis of how much your might be able to save by taking advantage of the California Proposition 58 Parent to Child Exclusion From Property tax Reassessment.

Property Tax Transfer Interview

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 have relationships with California Property Tax Consultants that have worked in a California Assessors office for over 15 years and have 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.