We’ve discussed Proposition 193 and Proposition 58 many times on this blog. Here’s a fact: Grandparents can’t always transfer their properties to their children without reappraisals. That’s why many people wonder, “Is my grandchild an eligible transferee of my property for the purpose of Proposition 193?” Hopefully, this blog post clear ups confusion.
Proposition 193 Situation #1
If your daughter’s still alive, her children aren’t eligible for the grandparent-grandchild exclusion. Filing a disclaimer wouldn’t make her children eligible transferees either. California law requires your child to actually be dead before the exclusion could be passed on to your child’s children.
Proposition 193 Situation #2
If your son passes away and he was divorced from his wife, your grandchild from that son becomes eligible. See, the divorce ended the relationship between you and your former daughter-in-law. So, your former daughter-in-law isn’t considered your child. This grandchild qualifies!
Proposition 193 Situation #3
Your daughter already passed away and her husband has not remarried. Your daughter’s child? Not eligible. See, until your son-in-law remarries, California law still considers him your child. So, those grandchildren become disqualified. You can’t pass over children as transferees of your property in favor of your grandchildren in relation to Proposition 193.
More information on Proposition 193 can be found here.
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