Legal Question in Wills and Trusts in California

My brother and I are trustees on my deceased mother's home in CA. I live in FL. He has lived in the home, but I don't believe he reaped any tax benefits from paying the annual piti as part of the monthly mortgage. Can we request a tax refund on the non-refunded percentage of paid taxes on the home?

Asked on 10/24/19, 12:52 pm

1 Answer from Attorneys

Michele Cusack Pollak & Cusack

Mortgage interest and property tax may sometimes be deductible by the person who pays them even if the property is not held in their name, but as to retroactively, you'd have to take that question to an accountant. Going forward, you should deed the property out of the trust to yourselves (or your own living trusts) as equal tenants in common.

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Answered on 10/24/19, 1:43 pm

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