how elasticsearch exclude a specific value?

Preserve prop 13 base year value for parent to child transfers

• My Grandfather recently passed away and left his entire estate to my dad. He lived in CA and the assessed value of his home was under prop 13. I know my dad can assume his prop 13 assessed value by filing a prop 58 (parent to child) transfer which would exclude the property from any reassessment, but than can my wife and I do the same and buy the house from my dad and again exclude the property from reassessment by filing another prop 58 parent to child transfer?

• Answer:

  Hello. First of all, I must note that Google Answers provides general information, not professional legal advice. The information below is in no way intended as legal advice, and should not be taken as such. If you need legal advice, you should contact a qualified attorney. --------------- Proposition 58 excludes from reassessment transfers between parent and child of a principal residence and the first one million dollars ($1,000,000) of assessed value of all other real property. "ELIGIBLE PROPERTY Principal Residence A claim may be filed on the purchase or transfer of real property that is the principal residence of an eligible transferor. To be considered a principal residence, there must be a homeowner's exemption or a disabled veteran's residence exemption granted in the name of the eligible transferor. There is no limit to the number of transfers of principal residences, but each principal residence must qualify as such. The residence need not become the principal residence of the transferee(s). Other Property A claim may also be filed on the purchase or transfer of the first one million dollars ($1,000,000) of assessed value of all other real property of an eligible transferor. The value is the Proposition 13 value, including the full value of any new construction in progress, determined as of the date immediately prior to the date of a purchase by or transfer to an eligible transferee. ... WHO ARE CONSIDERED CHILDREN? (1) Any child born of the parent(s). (2) Any stepchild of the parent(s) and the spouse of that stepchild while the relationship of stepparent and stepchild exists. The relationship exists until the marriage on which the relationship is based is terminated by divorce or, if the relationship is terminated by death, until the remarriage of the surviving stepparent. (3) Any son-in-law or daughter-in-law of the parent(s). The relationship of daughter-in-law exists until the marriage on which the relationship is based is terminated by divorce or, parent and son-in-law or if the relationship is terminated by death, until the remarriage of the surviving son-in-law or daughter-in-law. (4) Any statutorily adopted child who was adopted before the age of 18." source: Contra Costa County - Proposition 58 & 193 http://www.co.contra-costa.ca.us/depart/assr/propinfo.htm#prop58and193 Now, assuming that the transfer from your grandfather to your father met the requirements detailed above, there is nothing there to disqualify you and your father from later taking advantage of the same exclusion. However, I did find one type of exception mentioned in a Bureau of Equalization memo from 1998. Suppose that your father was REQUIRED (e.g., by your grandfather's will) to transfer the property to you. In that case, if he transferred the property to you, the exclusion would not apply because you can't qualify for the grandparent-to-grandchild exception under Proposition 193 since your father is still living. However, as long as the your father is unrestricted (i.e., he could sell the property to anyone he wants), you can buy it and get the exemption. See: "14. Question: Can an unrestricted transfer from grandparent to parent immediately followed by a transfer from parent to child qualify for the parent-child exclusion? Answer: Yes. Chapter 48 of the Statutes of 1987 states that it is the intent of the Legislature to liberally construe section 63.1 to carry out the purpose of Proposition 58. Therefore, as long as each transfer is unrestricted and is otherwise eligible (e.g., between parents and children), the exclusion is applicable. If the parents are restricted to transferring the property to their child, then the step transaction doctrine would apply and these steps would be collapsed into one transaction, i.e., a transfer from grandparent to grandchild. Since the parents are living, the grandparent-grandchild exclusion would not apply, and this transaction would not be excluded from change in ownership." http://www.boe.ca.gov/proptaxes/pdf/98_23.pdf The bottom line, though, is... "It is possible under current law to use two transfers to transfer property from a grandparent to a grandchild and not subject the property to reappraisal." source: STATE BOARD OF EQUALIZATION, 3/04/02 http://www.boe.ca.gov/legdiv/ptleg/pdf/aca19-1rkfinal.pdf (Note that several of these documents are in PDF format, so the Adobe Acrobat Reader is required. If you don't have that, visit: http://www.adobe.com/products/acrobat/readstep2.html ) --------- search terms: "proposition 58" limit parent child I hope this helps. Again, though, this isn't legal advice. You may want to call the local county assessor if you have any questions. http://www.boe.ca.gov/proptaxes/assessors.htm Thanks.