Seeking Advice on Property Ownership and Cost-Effective Transfer

Seeking Advice on Property Ownership and Cost-Effective Transfer

Member since 2025 · 4 posts · 0 votes

Hi there,

I'm trying to determine the best way to live in and eventually acquire a property as an inheritance while maximizing cost-effectiveness. Would an LLC be a viable solution? I'd appreciate your input. The details are as follows:

My mother currently resides in a property located in Los Angeles County. The title is in the name of her sister (my aunt) and my mother’s husband (not my biological father). However, my mother has financially contributed to the property, effectively making her the rightful owner. Both my aunt and my mother’s husband have agreed to remove their names from the title, transferring sole ownership to my mother. Since my aunt is the listed owner, Proposition 19 does not apply in this case.

We consulted a lawyer who mentioned that transferring the property to an LLC could allow me to be added to the title without triggering a property tax reassessment. However, I've read that some banks may not permit this arrangement. Given these circumstances, do you think an LLC is the best approach, or is there another way to add me to the title without affecting property taxes while ensuring I become an owner?

I appreciate your time and insights.

Thanks,

Sean

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    1y

    Speak to an attorney to handle this. I would not get advice on this from people here

    also realize a LLC in California has some really hefty fees per year so something to consider

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  • Member since 2025 · 4 posts · 0 votes
    1y

    Hi yes, I spoke to an attorney and still waiting on her reply.  I would like to get some additional ideals on how to possibly go about this though.  

  • CPA and Attorney · San Diego, attorney · Member since 2022 · 302 posts · 219 votes
    1y

    @Sean Overcrest

    The transaction that you've proposed has several different tax implications: income tax, gift tax, estate tax, and yes, property tax.  Seems that you are most focused on property taxes at the moment, but all of them really need to be evaluated for a complete picture.  There may be a way to reduce property tax reassessment by using LLCs, but it is a complicated plan, takes time to complete, generally needs a business purpose, and is not without risk.  If you need recommendations for attorneys in San Diego, let me know.

    *This post does not create an attorney-client or CPA-client relationship.  The information contained in this post is not to be relied upon.  Readers are advised to seek professional advice.

  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · Sarasota, FL · Member since 2017 · 5k+ posts · 3k+ votes
    1y

    @Sean Overcrest Transferring the property to an LLC may help avoid property tax reassessment under California's Proposition 13, but it comes with risks. Since your aunt and stepfather currently own the property, Proposition 19 doesn't apply, meaning you won't get the parent-child exclusion for tax purposes. If the LLC transfer results in more than 50% ownership changing hands, reassessment is likely. Also, if there's a mortgage, transferring it to an LLC could trigger the due-on-sale clause, requiring lender approval.

    Better Alternatives to Avoid Reassessment & Save on Taxes:

    1. Living Trust (Best Option) – Your aunt and stepfather could quitclaim their interests to your aunt, who then sets up a revocable trust naming your mother and you as beneficiaries. This avoids probate and ensures a step-up in basis when inherited, reducing future capital gains taxes.
      • No reassessment since ownership doesn’t formally change.
      • Irrevocable trusts may trigger reassessment unless structured carefully.
    2. Gradual Transfers – Transferring less than 50% at a time could potentially avoid reassessment, but IRS step transaction rules could still trigger a tax event.
    3. Joint Ownership – Your aunt adds your mother as a co-owner, then your mother adds you later. However, this method still carries reassessment risks.

    A revocable trust set up by your aunt (after your stepfather quitclaims his interest) is likely the simplest and most tax-efficient way to ensure you eventually own the property while avoiding property tax hikes and probate. If considering an LLC, speak to a real estate attorney and tax advisor to make sure you don’t accidentally trigger reassessment.

    This post does not create a CPA-Client relationship. The information contained in this post is not to be relied upon. Readers should seek professional advice.

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  • Member since 2025 · 4 posts · 0 votes
    1y

    Thank you Ashish for this response, it is the exactly direction to look into I was looking for.  I tried calling you to thank you but it went straight to voicemail.  Thank you!!!

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