Question about parent-to-child inherited real estate

[Beatlelvr]

So heres a question about inheriting real estate in California.
My mom died in 2024, and her living trust said her home would go to us 3 children. I was living in the home, after being her caregiver for 11 years. I processed all paperwork at county assessors office for the parent-to -child property tax exemption (so the house wouldn't be reassessed). The next tax bill did not reflect reassessment so we thought everything was okay.
My brother, the executor, recently received a letter from the assessor saying the house would be reassessed, because they don't have the forms I did.
My brother, sil and I go to their LA office ftom Carlsbad. They tell us about Prop. 19 from either 2020 or 2021, that did away with that exemption! Luckily I was living in the house so they will
likely halve the assessment, but will still be alot. Neither my moms estate attorney nor my brothers tax accountant told us about this. My mother could have put our names on the title.
Question: how is this not malpractice?
I don't know if I want to sue anyone, I'm just pissed.

[Fiendish Thingy]

1. Two questions:

Was the title to the home in your mom’s name, or was it held by the trust? (And if the latter, I assume you and sibs are all trustees?) That is definitely an option that should have been explored and explained to your mom by the lawyer creating the trust.

Secondly, are you planning to keep the home or sell it? If you’re planning to sell, reassessment seems to be a temporary inconvenience. If you’re keeping it, then you need to see a lawyer to sort out how title will be shared between you and your sibs.

[Beatlelvr]

2. Yes, it was held by the trust

And all 3 are trustees.
We sold the home last year and I moved to Carlsbad.

[Fiendish Thingy]

3. So, wouldn't the reassessment have been in error?

There was no transfer of title if the home remained within the trust, so there shouldn’t have been a reassessment…unless the reassessment was for the initial transfer from your mom to the trust?

Hopefully it’s all behind you now.

[quaint]

4. Ooh ooh, can I be next? I've got a question, too

Where can I find out if both these options have my son inherit at market value?

Transfer Deed upon Death avoids probate but I haven't found the answer I need.

I am 76, widowed, my home is my only asset, I have only one offspring.
House is worth around $900,000 and my basis is $139,000.
I am currently alive. 😊

[Fiendish Thingy]

5. I'm not a lawyer

I just spoke from personal experience with my parents’ estate and our own trust.

A good estate lawyer should be able to answer your question- I imagine the answer varies from state to state,

[quaint]

6. Thanks.

We are in California forum so I didn't think to specify.
I was hoping to find the answer online.

[The Mouth]

7. Not having current professional legal advice

Might be the most expensive mistake anyone could make.

We've navigated this in my family, but the damnable thing is that the law is very complex and always changing.

My specifics are different than yours, but I get the question you are asking. My take is that since the person standing to receive the benefit of the transfer is both fortunate *and* the person to whom the exact effects of any byzantine technicalities will matter most, that maybe they should be given the opportunity to get involved with the details and the legal team who will process them.

My mom thought things through very well, and made me a part of the process from my early teens (my dad had a stroke and, later, alzheimer's). One wrong move in an ever-changing, shark-infested landscape and financial tragedy ensues.