Retitling property from/to a Trust

[hammo_trustee]

What is the name of your state (only U.S. law)? CA
Father and non-evil Stepmother placed their home (Orange Co) into two trusts: 50% in Father's Living Trust and 50% in Stepmother's Living Trust. Father dies and I am sole successor trustee of Father's Trust. Per Trust instructions, I am to transfer Father's 50% interest in the home to Stepmother's Trust. Will I be following the correct procedure and avoiding reassessment if I: 1) file Affidavit of Death of Trustee declaring myself successor Trustee; 2) file Trust Transfer Deed and transfer Father's 50% interest to Stepmother's Trust; 3) file a Preliminary Change of Ownership Report and describe transfer as " to/from an irrevocable trust for the benefit of the grantor's/trustor's spouse"?

The Orange County PCOR is a real bear to understand!

Thanks

 

[tranquility]

What is the name of your state (only U.S. law)? CA
Father and non-evil Stepmother placed their home (Orange Co) into two trusts: 50% in Father's Living Trust and 50% in Stepmother's Living Trust. Father dies and I am sole successor trustee of Father's Trust. Per Trust instructions, I am to transfer Father's 50% interest in the home to Stepmother's Trust. Will I be following the correct procedure and avoiding reassessment if I: 1) file Affidavit of Death of Trustee declaring myself successor Trustee; 2) file Trust Transfer Deed and transfer Father's 50% interest to Stepmother's Trust; 3) file a Preliminary Change of Ownership Report and describe transfer as " to/from an irrevocable trust for the benefit of the grantor's/trustor's spouse"?

The Orange County PCOR is a real bear to understand!

Thanks

Frankly, I'd ask the attorney who set up the trust scheme. While it seems the spouse receives a beneficial interest substantially equal to the fee interest and thus there should not be a "change in ownership" under the rules, the set up is a little odd and does not quite fit the examples. It's not so much the PCOR is difficult to understand, it's that the facts of your situation are a bit difficult to understand when related to the goals.