Inherited property in San Francisco, CA. Is it legal to "disclaim" rather than sell half to avoid reassessment?

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Parents house in trust equally divided between 2 heirs. Sister is keeping house and taking out a loan to pay brother half the appraised value. Lender is requiring an "agreement" stating that the property will be deeded to the sister when the brother is paid off. Sisters attorney wants "disclaiming" rather than "selling" his share used in the agreement (probably to avoid reassessment). Is this a legal way to avoid paying more property tax? Can the brother (me) get in trouble for doing this?

Attorney Answers

3
Bryan Smith ·
You can do either, but consult an attorney before you disclaim anything. You may be giving up more than you realize. As long as both of you are represented, the transaction should go smoothly.
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Michael Potter ·
Disclaimers can be a minefield if not done properly. Consult an experienced Estate Planning attorney before proceeding. See .com under the link 'Find-A-Lawyer'. Good Luck.
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