Monday, February 2, 2015

In California, for tax purposes, is it better to put your house in your trust with your wife as trustee, or put her on your grant deed as co...

Question

In California, for tax purposes, is it better to put your house in your trust with your wife as trustee, or put her on your grant deed as community property.



Answer

If you have a living trust, title should be in the name of the trust to avoid probate. There are so many elements in the issue of vesting as community porperty, that a simplistic answer to your question is not possible without more information. Whether the title is in the trust generally has no bearing on whether the property is community property or not. Seek estate planning counsel.



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