Posted on: 05th Mar, 2010 02:59 pm
Hi,
My father Richard Has some land in california that he built a house in 1960 and the deed is in his name. There is also a triangle lot next to him that was in his brother Henry;'s name. The government put in sidewalks and assessed richard for his property and also richard was incorrectly assessed for the triangle lot as well. After some years Richard discovered he was paying property taxes incorrectly on both his lot and the triangle lot that is in his brother Henry's name. Henry verbally said just take the lot, its yours, but no papers were signed at that time.
In the year 2000 Henry was very ill and he signed a quick claim deed to officially give the title to richard, but richard never recoreded this deed. Now Richard would like to puy his lot with the house and the triangle lot that he has a quick claim deed to into trust name, but the trust attorney is fearful that if he records this the county might try to assess additional taxes on the triangle lot from 1976 when prop 13 reassessed property and the year 2000 when the quick claim deed was signed. Not to mention a higher assessment every year going forward.
Bottom line, Richard has been paying taxes since 1960 on this triangle lot, but he only has a quick claim deed dated 2000 to transfer title into his name. Can he fix this mess without incurring additional tax liability and keep his prop 13 taxes as they are? Also, I think he has all the nesessary documetns to sell the property, but upon sale, will the assessor try to recoup taxes from previous years even though they had the tax records worng?
My father Richard Has some land in california that he built a house in 1960 and the deed is in his name. There is also a triangle lot next to him that was in his brother Henry;'s name. The government put in sidewalks and assessed richard for his property and also richard was incorrectly assessed for the triangle lot as well. After some years Richard discovered he was paying property taxes incorrectly on both his lot and the triangle lot that is in his brother Henry's name. Henry verbally said just take the lot, its yours, but no papers were signed at that time.
In the year 2000 Henry was very ill and he signed a quick claim deed to officially give the title to richard, but richard never recoreded this deed. Now Richard would like to puy his lot with the house and the triangle lot that he has a quick claim deed to into trust name, but the trust attorney is fearful that if he records this the county might try to assess additional taxes on the triangle lot from 1976 when prop 13 reassessed property and the year 2000 when the quick claim deed was signed. Not to mention a higher assessment every year going forward.
Bottom line, Richard has been paying taxes since 1960 on this triangle lot, but he only has a quick claim deed dated 2000 to transfer title into his name. Can he fix this mess without incurring additional tax liability and keep his prop 13 taxes as they are? Also, I think he has all the nesessary documetns to sell the property, but upon sale, will the assessor try to recoup taxes from previous years even though they had the tax records worng?
Hi kwolfslau!
Welcome to forums!
It would have been better if your father would have recorded the property deed when his brother signed it over to him. You've mentioned that your father was paying the taxes for the property since 1960, so I don't think he would be charged additional taxes. However, your father should contact a tax expert and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
It would have been better if your father would have recorded the property deed when his brother signed it over to him. You've mentioned that your father was paying the taxes for the property since 1960, so I don't think he would be charged additional taxes. However, your father should contact a tax expert and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane