- Prop 13
- In-Home Care
- Disaster Insurance
- Property ownership
- The step-up in basis
Prop 13
Do I need a lawyer? Yes
- Proposition 13 (1978). California’s landmark property law that significantly limits property tax increases.
- Proposition 58. Excluded reassessment transfers of real property between parents and children.
- Proposition 60 (1986). Permits eligible Californians 55 and older to transfer the “base value” within the same county.
- Proposition 90 (1988).
- Proposition 193 (1996). Permits grandparents to
- Proposition 19 (2020). Clarified changes made with propositions 60 and 90. Also, noteworthy changes were established in the scope of who qualifies under the special rules, simultaneously narrowing and expanding the provision for use cases more aligned with the law's original intentions.
Limitations on property tax rates
Transferring a property’s “base value”
For those meeting these specified eligibility requirements, homeowners may transfer an existing property’s “base value” or California’s property tax factor on the original property’s assessment value. This factor is transferred and, moving forward, associated with a new property located anywhere in California. The law permits residents to do this up to three times in their lifetime.
Planning “intergenerationally”
What’s the plan? Financial Planning and Prop 13
Considerations with Prop 13:
- Bequeathing property. Individuals may transfer residence property to children or orphaned grandchildren upon death and maintain the “base value” from which they will calculate future property tax. How might such a maneuver play into a property owner's financial plan and, eventually, a trust and estate plan?
- Moving or selling property. Some individuals consider moving upon retirement. How might property taxes and other expenses change if the move involves selling and replacing the home with a new one?
- Property improvements. When a Prop 13 property undergoes improvements, the amount of the update is considered a new construction assessment and is added to the property’s base year value. This new value is the primary variable the county will use when calculating property tax in subsequent years. It's important to note that significant improvements may reduce or eliminate any existing Prop 13 benefit.
- Changes to law. Prop 13 also applies to commercial properties (and businesses). The law allows these property types similar limitations on property tax increases. However, recent proposals and passed legislation have narrowed the statute considerably. What are the potential changes that could affect personal planning?
How planning changed with Proposition 19
Considerations with Prop 19:
- The Up-size. Eligible homeowners can use the special rules even when considering a move to a more expensive home. Eligible homeowners have no limit to the market value of a replacement property. However, the excess of the original property’s market value (above the selling property’s current market value) adds to the newly transferred value. The replacement’s market value can exceed the original’s market value up to one hundred and five percent (105%) if the replacement purchase occurs within the first year after the sale of the original, or one hundred and ten percent (110%) in the second year with no excess added to the transferred taxable value.
- Relocating within California. Homeowners may be eligible to maintain their primary home’s property “base value” when moving to another primary residence located anywhere in California. The transferee must live in the home as their primary residence and, within one year of transfer, file for the Homeowners’ Exemption (BOE-266/ASSR-515 or Disabled Veterans’ Exemption (BOE-261/EXM-32) to qualify for the exclusion.
- Primary residence requirement. A new limitation imposed by Prop 19 stipulates the reassessment of an inherited home unless the eligible beneficiary uses the property as their primary residence. If not, the property's assessed value will adjust to the fair market value in the year the transfer occurs, likely leading to higher property taxes for the beneficiary.
- Transferring to children. There is now a limit to the value that can be excluded for a family home (or each legal parcel of a family farm). The value limit equals the property’s taxable value (or factored base year value) at the time of transfer plus one million dollars. The difference adds to the taxable value if the market value exceeds this limit. The one million allowance is adjusted every year on February 16th by the State Board of Equalization (BOE).
Common complications:
- The unexpected. Changes to a person’s living situation, job status, or health can force the need to move or sell property. An unexpected event can result in giving up certain Prop 13/ 19 benefits or other beneficial planning tactics.
- Beneficiary Infighting. Obtaining a Prop 13 property can create a non-spousal multiple-owner situation. Real estate is generally an illiquid asset. Some beneficiaries may prefer to maintain the asset (and benefits from Prop 13) when considering a sale. This, too frequently, can create friction among heirs.
- Dissolution of a Partnership. Whether a divorce or another formal or informal arrangement, splitting assets and establishing new living situations often means developing two new, separate, fully self-functioning financial plans.
- Probate. This is the sometimes arduous legal process through which a deceased person's assets are distributed and debts settled. Supervised by a California court, probate ensures the distribution of a deceased person's estate to beneficiaries.
Is my property eligible?
“Qualifying” with Prop 19 involves separate planning considerations from Prop 13. While Prop 19 does act to limit the effectiveness of Prop 13 with certain taxpayers, much of Prop 19’s language benefits homeowners 55+, people with disabilities, and those affected by wildfires and other disasters. Its planning effectiveness is intended for those who qualify and are considering where to “live out” retirement years.
- Either the property owner or their spouse is age 55 years or older at the time the original primary residence is sold.
- Replacement property is either purchased or new construction occurring within two years of the sale of the original property.
- Both the original and replacement properties must be eligible for the homeowners’ or disabled veterans’ exemption.
- The claimant must own and reside in the original property at the time of its sale or within two years of the purchase or new construction of the replacement.
- Either one or both the sale of the original property or the purchase/completion of new construction of the replacement occur on or after April 1, 2021.
In-Home Care
Do I need a lawyer? No
Aging at home
The state is aware of the challenges retirees can face getting in-home care services and the sometimes limited choices among medical and non-medical services.
The state’s Master Plan for Aging is working hard to integrate services and make them more accessible to people at home and in the community. According to the plan, “coordinated care” between health plans and community organizations serving older adults and people with disabilities has improved lifelong health outcomes and overall satisfaction.
Do I need a lawyer? Yes
- Medicare. Considered retirement health Insurance. Medicare and most health insurance plans don’t pay for long-term care. Individuals pay 100% for non-covered services, including most long-term care services. Learn more
- MediCal. Otherwise known as California’s Medicaid program. Free or low-cost health coverage to eligible low-income individuals and families. MediCal may offer in-home care services for those qualifying for the In-Home Supportive Services (IHSS) Program.
- Private insurance. Policy owners pay a premium for specified custodial care services. The policy must remain in force to be a viable strategy.
- Out-of-pocket. The cost of care is paid or administered by the individual, family, or friends. Use the Cal Long Term Care Compare website to search licensed providers.
- Community living. Buying into a community or organized living situation allows individuals to pool resources and may improve plan sustainability. Also, always consider a contingency plan.
Planning for Care
- Location. Individuals only sometimes have their first choice of where to receive care.
- Cost of care. Regardless of whether the plan is insurance or to self-fund a long-term care plan, the cost of care continues to rise.
- Asset spend down. It‘s not always practical for an individual (or a couple) to depend on spending down personal assets to the level required to qualify for government assistance programs.
- Lifestyle. Reduced flexibility to physically spend time with loved ones, travel, and attend important events.
- Caregiver stress. 91.4% of family and friend caregivers were unpaid. 58% experienced some form of financial stress due to caregiving. Source
- Limited services. Specific locations may be more challenging to serve. Use Cal Long Term Care Compare to search for local services.
Strategies for paying for care
- Spend cash reserves. Spending available cash is a straightforward solution. However, the lack of liquidity can quickly become problematic and overwhelming when the cost of care is ultimately realized or unexpected. In many situations, a secondary funding source is likely necessary and often requires a risk and reward evaluation.
- Liquidate retirement accounts. Savings are set aside for when needed. The primary consideration is how accessible money is from retirement accounts, who else depends on the assets, the tax implications of a withdrawal, and the sustainability of the withdrawals.
- Accelerated death benefit. Sometimes referred to as a Living Benefits Rider, it allows the policyholder to receive in advance the death benefit from a life insurance policy while still alive and if meeting certain qualifying conditions, such as being diagnosed by a doctor as having a terminal illness. Practically, the policy must remain in force until mortality. Generally, a policy with an ADB rider is most viable with a “permanent” life insurance policy and likely not a term policy expected to expire before mortality.
- Sell property. Real estate can conceivably be sold to finance long-term care costs. However, this decision will likely affect cash flow, housing options, and personal preferences for the patient and any spouse, partner, or beneficiary. Property spent on care might include real estate, personal property, stocks, and bonds. Always consider the tax ramifications of any sale. Advanced planning is typically a good idea.
- Get a reverse mortgage. A reverse mortgage can sometimes be a viable solution to staying in a home. But like any insurance contract, reverse mortgages are based on specified terms, estimated home values, and often current interest rates. Based on the terms of the contract, a reverse mortgage may or may not be a viable solution.
- Relying on family and loved ones. If family or friends will provide care, they should be aware of and agree to any potential care duties. Family caring has an emotional cost on caregivers, sometimes exposing them to stress, depression, and lost opportunity.
- Moving locations. Cutting the cost of care by moving to a cheaper location can be a viable solution. However, moving may require giving up specific preferences and may not be reversible. Furthermore, rural areas may not reliably offer certain medical or non-medical services.
- Cutting expenses. Lowering expenses can help save money in the long term, but generally, when care costs occur, they come suddenly and can be persistent.
California Partnership Long-Term Care Policies
Increasing Costs for Care
The Long-Term Care Insurance Task Force
Disaster Insurance in California
Do I need a lawyer? No
How can I protect myself?
- Get organized. Be sure not to let the policy lapse. Also, read your contract and make sure the insurance company follows all stated policies and procedures. Keep FULL policy documents archived and available. Don’t rely on obtaining documentation after a potential claim occurs. If something happens, policy owners will want records readily available. Try to pay annually to save on premiums, and make a video recording of personal items. Finally, confirm that deductibles, coverage, and replacement costs all match the insurance needs.
- Claim wisely. While an insurance company cannot drop you simply for making a claim, in general, it's a best practice to consider insurance a replacement for things you cannot afford to replace yourself. These are significant, large ticket items, not minor or more financially manageable claims. If it is generally your philosophy to claim more significant losses, consider having a higher deductible to save on premiums over time.
Buy insurance on items that are irreplaceable financially.
What if I get dropped?
Read the policy
- Liability limits. These are the coverage limits for the claim.
- Endorsements. These are custom policy editions and naturally result in a higher premium—for example, attorney fees as an endorsement to an identity protection policy.
- Definitions. These are the terms the insurance company will use to help determine a valid claim.
- Exclusions. These are specified items not covered by the insurance company in the event of a claim. Exclusions are not necessarily the same across all carriers. You'll need to read the policy to determine them.
Other policy types
Home Ownership in California
Do I need a lawyer? Yes, if substantial.
Types of Ownership in California
- Fee simple, Sole owner. The most basic form of ownership and property transfer. Signed instructions or a Transfer on Death (TOD) form will transfer ownership upon the owner's death of certain property to other individual(s). Probate could be required if the property is sizable and there is no Will or Trust.
- Joint tenants with right of survivorship (JTWROS). A common property arrangement where the survivor is in joint ownership with another (such as a marriage). At death, the surviving party automatically has full ownership rights over the decedent's share.
- Tenants in common (TOC). In this type of property arrangement, the descendants' portion of the property is settled separately by the estate (a Trust) and not automatically transferred to the surviving part(ies).
Community property
Common exceptions include:
- Individual gifts
- Inheritances
- Property acquired before marriage
Types of deeds in California
Common deeds relevant to Californians:
- Grant deed. Used when a person on a current deed transfers ownership or adds someone to the deed.
- Quitclaim deed. Often mispronounced as “quick claim.” A quitclaim is useful when an individual gives up property ownership rights to another—frequently used in divorce proceedings or inheritance situations.
- Interspousal deed. A dedicated form is used between spouses or registered domestic partners to exchange real estate to or from community property.
- Warranty deed. Used when transferring real estate property ownership from a seller to a buyer. A warranty deed provides specific assurances and guarantees.
Revocable Transfer on Death (RTOD)
In what instances might a Revocable Transfer on Death (RTOD) be appropriate?
- Needing a simple situation. Setting up an RTOD is as simple as correctly filing the form, obtaining a witness and notary, and formally recording the document with the county clerk.
- Stopgap for future planning. An RTOD is a reasonable starting point if other methods are expected to take many years to complete.
When might a Revocable Transfer on Death (RTOD) be problematic?
- A beneficiary dies. There is likely no contingency plan for when a beneficiary predeceases the deceased.
- Multiple beneficiaries. In some cases, disagreements can arise from how to manage or maintain the property.
- Failing to document. Errors and omissions and failing to fulfill the notary and witness requirements.
Avoiding complications
Common missteps include:
- Errors and omissions. Incomplete, missing, or inconsistent tiling of ownership.
- Forgot to record. The deed must be formally recorded at the county recorder’s office to be considered complete.
- Unresolved debts. Property liens or unpaid property tax will hold up a transaction. Visit the recorder’s office to check a property’s information.
- Not getting help. Don’t be overconfident. Complex and highly consequential property changes may require the assistance of experienced professional(s).
Property ownership in other states
- Tenancy by the Entirety (TE) is a form of joint tenancy still used in certain common-law states. A common law state mandates by law when a couple is considered legally married, as well as statutes for “separate” property and what’s deemed “marital” property.
Getting ducks in a row
The “Step-Up”
Do I need a lawyer? Yes. Certainly over specified thresholds.
The primary reasons to avoid probate include:
- Individual stock
- Bonds
- Mutual funds
- Art and Collectibles
- Business interests
- Other Trust assets
There are tax advantages to property being a long-term endeavor.
Avoiding Probate in California
Examples include:
- Expenses. The cost to settle estate assets through probate can be between 3% and 8% of the estate's value.
- Lack of privacy. Information with details about assets may become publicly available.
- Delays. Assets subject to probate are often unavailable to beneficiaries during the probate period (usually six months or sometimes much longer).
Small Estate Affidavit
Through 2024, and per California state law, the estate may not be subject to the formal probate process if gross estate assets are more than $184,500 (including any California real estate). Estates smaller than $184,500 in total gross assets and with real property at most $61,500 and located in California may qualify for the more expedited probate process.
In these cases, a Small Estate Affidavit may be used in California to distribute assets and change title.Transfers via a trust
Still, more complicated estates may require specialized trusts to reduce estate tax, be tax efficient, maintain desired outcomes, or avoid beneficiaries from disqualification from government assistance programs. Estate planning techniques will use a trust drafted by a licensed attorney and supersede the need to go through the probate process. A trust and detailed estate plan can streamline distributions for beneficiaries, reduce tax, eliminate court fees, reduce other complications, and avoid unnecessary frustration.