claim for reassessment exclusion santa clara county
The Original Transferor rule will delay reassessment when one joint tenant dies and is survived by a joint tenant who is an Original Transferor. 701 Ocean St, Room 130 Ratings reflect the confidential opinions of members of the Bar and the judiciary. I want to give my second home to my grandson, but his father, my son, is still alive. New Section 62(p) of the Rev. CLAIM FOR REASSESSMENT EXCLUSION FOR TRANSFER BETWEEN PARENT AND CHILD = Compliance with State of California Web Accessibility Standards Other Years GENERAL INSTRUCTIONS Each PDF form contains state (BOE) issued form-specific instruction pages, those instruction pages can be found at the end of the form PDF file. Read more about. ACTION TO CONSIDER: When transferring an interest in an entity that owns real property, always trace the prior ownership of real property. You may also call the Assessors Office at (916) 875-0750 (8am-4pm), or FAX ouroffice at (916) 875-0765. Who are considered eligible children under Proposition 58 and grandchildren under Proposition 193? Can my son file a disclaimer so that my grandson is eligible for the grandparent-grandchild exclusion? The e-Forms Site provides specific and limited support to the filing of California property tax information. R & T Code Sec. Property tax planning is a complex area of the law. Transfers that occur on or after 2/16/2021 are subject to the new provisions under Proposition 19. If you sell the property to your child and choose to transfer your base year value using the parent-child exclusion, then the base year value is no longer yours to transfer to a replacement property. Tax rates can be complicated even without a lack of transparency, so it is easier to look at the tax rate as a percentage of property value. Your son-in-law is still deemed to be a child of yours, until he remarries, thus disqualifying your grandchildren as eligible transferees. We have helped over 300,000 people with their problems. Even though BOE forms are state designed and approved, BOE forms are administered by the county and are NOT available on this website. Thus, for these types of transfers, the real property will not be reappraised. If the co-owners had originally taken title as joint tenants and one of them dies, the real property will be reassessed (unless another exclusion applies like Parent-Child or Spouse-to-Spouse). They are also available by calling or writing the Assessor's Office. A and B cannot then transfer all of their Original Co-Owner interest to Corporation X and Corporation Y, without the property being reassessed. See example above under Proportional Interest Exclusion. 58). The last point is important, as Santa Clara Countys government has faced recent criticism for lack of transparency in its tax rate calculations. In cases where the transferred property was being assessed at its current market value under Proposition 8 at time of transfer (that is, its market value had fallen below the transferor's original Proposition 13 factored base year value), it may be beneficial for the new owner not to claim the exemption and instead accept a new Proposition 13 base year reassessment. Transfer among original joint tenants If two individuals jointly own property, and one dies, the deceased individual's half gets transferred to the surviving owner. However, additional documentation may be necessary. If youd like to connect with us via zoom or telephone about your legal issue, Disclaimer: Completion of this form does not make you our client or create an attorney-client relationship, NEW: Commercial Landlords Coronavirus (COVID-19) Guide and Action Plan Download Now, Report: 17 Steps to a Successful Joint Venture Download Now, Report: 12 Warning Signs Youre Headed for a Lawsuit with Your Partner Download Now, Report: Why Married Couples Must Act Now Download Now, Report: When Your Property is Under the Magnifying Glass Download Now. Revenue and Taxation Codes (R & T Code) referenced below are foundon the The base year value may be transferred to a home of equal or lesser value. No luck? The substitution of a trustee of a trust or mortgage. However, information in the database is available only upon written request. These exclusions described below are now inoperative as of February 16, 2021 and are only effective for parent-child or grandparent-grandchild transfers that occurred on or before February 15, 2021. Whereas the Legal Entity Exclusion prevents reassessment in transfers between legal entities, the Proportionate Interest Transfer Exclusion is the ONLY exclusion that can avoid reassessment for transfers to or from an individual to a legal entity. My mother was the sole beneficiary of two trusts which owned a family partnership that owned real property. This assumption is killed off by the fact that property prices in Santa Clara County are eye-wateringly high, with a median of $1,380,000. As the cost to collect and continuously update that information is prohibitive, the On-Line Property Assessment Information System does not display the Assessee name information. Any adopted child who was adopted before the age of 18. An exclusion occurs when the assessor does not reassess a property because the property or portions of the property are automatically excluded from reassessment or is eligible to be excluded if the owner properly files a claim. We are here to help you find ways to. Thus, you should contact your local assessor or an attorney if you have a specific transaction that you would like to discuss. 70 W. Hedding St, East Wing, 5th Floor. Claims filed more than 60 days after the date of the second notice of potential eligibility for exclusion from change in ownership will be subject to a $175 processing fee. Can I still be granted the exclusion if I file after the three-year filing period? R & T Code Sec. This exclusion applies to the principal residence of the transferor only and the transferee is required to occupy the property as their principal residence also. DoNotPay is the virtual assistant that wont back away from issues that require legal expertise. The county assessor uses the sales-value approach to appraise property. The Assessor has developed an on line tool to look up basic information, such as assessed value and assessor's parcel number (APN), for real property in Santa Clara County. RECORD the form in the county where the property is located. Certificates of title of mobile homes are processed through the California Housing and Community Development (HCD). The key to avoiding property tax increases is to either avoid a CIO or qualify for an exclusion under the Revenue and Taxation Code (the Code). Information is not provided by telephone. The transfer of a principal residence between parents and children, and the transfer of up to one million dollars ($1,000,000) of other real property between parents and children, is excluded from reappraisal under some circumstances. Loading PDF. Office of the Assessor, Santa Clara County, Parent to/from Child (on/or after 2/16/21- Prop 19), Parent to/from Child (on/or prior to 2/15/21 Prop 58), Transfer Assessed Values FAQ (Proposition 19, 3, 58, 60, 90). Transfers of real property to an irrevocable trust for the benefit of the creator/grantor or the creator/grantor's spouse. (PROP 19), 55 OR OLDER TRANSFER OCCURRED PRIOR TO APRIL 1, 2021 (PROP 60), 55 OR OLDER TRANSFER OCCURRED ON OR AFTER APRIL 1, 2021 (PROP 19), DISABLED PERSON TRANSFER OCCURRED PRIOR TO APRIL 1, 2021 (PROP 110), DISABLED PERSON TRANSFER OCCURRED AFTER APRIL 1, 2021 (PROP 19), DISASTER BOTH ORIGINAL AND REPLACEMENT IN SANTA CRUZ COUNTY TRANSFER ON ANY DATE ANY PROPERTY TYPE, DISASTER ORIGINAL AND REPLACEMENT IN DIFFERENT COUNTIES TRANSFER ON OR AFTER APRIL 1, 2021 - PRINCIPAL RESIDENCE ONLY, Commissions, Committees & Advisory Bodies, Commissions, Committees & Other Advisory Bodies, Santa Cruz County Foster Care & Adoptions, Office of Response, Recovery & Resilience, Environmental Health - Consumer Protection, Santa Cruz Small Business Development Center, CHANGE OF OWNERSHIP STATEMENT - RESIDENT OWNED MOBILE HOME PARK, CHANGE OF OWNERSHIP STATEMENT - NOTICE OF DEATH OF REAL PROPERTY OWNER, PROPERTY DAMAGED BY MISFORTUNE OR CALAMITY, OWNERSHIP STATEMENT, COOPERATIVE HOUSING CORPORATION, SUPPLEMENTAL SCHEDULE FOR REPORTING MONTHLY ACQUISITIONS AND DISPOSALS OF PROPERTY REPORTED ON SCHEDULE B OF THE BUSINESS PROPERTY STATEMENT, ALTERNATE SCHEDULE A FOR BANK, INSURANCE COMPANY, OR FINANCIAL CORPORATION FIXTURES, APPLICATION FOR DEDUCTION OF VEHICLES' LICENSE FEES FROM PROPERTY TAX, PROP 58 - CLAIM FOR REASSESSMENT EXCLUSION FOR TRANSFER BETWEEN PARENT AND CHILD, CLAIM FOR REASSESSMENT EXCLUSION FOR TRANSFER FROM GRANDPARENT TO GRANDCHILD, CLAIM FOR REASSESSMENT EXCLUSION FOR TRANSFER BETWEEN PARENT AND CHILD OCCURRING ON OR AFTER FEBRUARY 16, 2021, CLAIM FOR REASSESSMENT EXCLUSION FOR TRANSFER BETWEEN GRANDPARENT AND GRANDCHILD OCCURRING ON OR AFTER FEBRUARY 16, 2021, PROP 60 - CLAIM OF PERSON(S) AT LEAST 55 YEARS OF AGE FOR TRANSFER OF BASE YEAR VALUE TO REPLACEMENT DWELLING, NOTICE OF RESCISSION OF CLAIM TO TRANSFER BASE YEAR VALUE TO REPLACEMENT DWELLING, CLAIM FOR TRANSFER OF BASE YEAR VALUE TO REPLACEMENT PRIMARY RESIDENCE FOR PERSONS AT LEAST AGE 55 YEARS, DISABLED PERSONS CLAIM FOR TRANSFER OF BASE YEAR VALUE TO REPLACEMENT DWELLING, CLAIM FOR TRANSFER OF BASE YEAR VALUE TO REPLACEMENT PRIMARY RESIDENCE FOR SEVERELY DISABLED PERSONS, CLAIM FOR INTRACOUNTY TRANSFER OF BASE YEAR VALUE FOR PROPERTY DAMAGED OR DESTROYED IN A GOVERNOR-DECLARED DISASTER TO REPLACEMENT PROPERTY, CLAIM FOR TRANSFER OF BASE YEAR VALUE TO REPLACEMENT PRIMARY RESIDENCE FOR VICTIMS OF WILDFIRE OR OTHER NATURAL DISASTER, CLAIM FOR REASSESSMENT REVERSAL FOR LOCAL REGISTERED DOMESTIC PARTNERS, REASSESSMENT EXCLUSION FOR TRANSFER OF CORPORATION STOCK FROM PARENT TO CHILD, DISABLED PERSONS CLAIM FOR EXCLUSION OF NEW CONSTRUCTION, CLAIM FOR DISABLED ACCESSIBILITY CONSTRUCTION EXCLUSION FROM ASSESSMENT, CLAIM FOR SEISMIC SAFETY CONSTRUCTION EXCLUSION FROM ASSESSMENT, INITIAL PURCHASER CLAIM FOR RAIN WATER CAPTURE SYSTEM NEW CONSTRUCTION EXCLUSION, CLAIM FOR SOLAR ENERGY SYSTEM NEW CONSTRUCTION, CLAIM FOR TRANSFER OF BASE YEAR VALUE FROM QUALIFIED CONTAMINATED PROPERTY TO REPLACEMENT PROPERTY, CLAIM FOR BASE YEAR VALUE TRANSFER - ACQUISITION BY A PUBLIC AGENCY, CLAIM FOR EXCLUSION FROM SUPPLEMENTAL ASSESSMENT FOR NEW CONSTRUCTION (Builder's Exclusion), EXEMPTION OF LEASED PROPERTY USED EXCLUSIVELY FOR LOW INCOME HOUSING, SUPPLEMENTAL AFFIDAVIT FOR BOE-236 HOUSING, CLAIM FOR EXEMPTION FROM PROPERTY TAXES OF AIRCRAFT OF HISTORICAL SIGNIFICANCE, CLAIM FOR DISABLED VETERANS' PROPERTY TAX EXEMPTION, DISABLED VETERANS' HOUSEHOLD INCOME WORKSHEET, CLAIM FOR HOMEOWNERS' PROPERTY TAX EXEMPTION, RECLAMO PARA LA EXENCIN DE IMPUESTOS PREDIALES DE LOS PROPIETARIOS DE CASAS, WELFARE EXEMPTION SUPPLEMENTAL AFFIDAVIT HOUSING, ELDERLY OR HANDICAPPED FAMILIES FAMILY HOUSEHOLD INCOME REPORTING WORKSHEET, WELFARE EXEMPTION SUPPLEMENTAL AFFIDAVIT, HOUSING LOWER INCOME HOUSEHOLDS, LOWER INCOME HOUSEHOLDS FAMILY HOUSEHOLD INCOME REPORTING WORKSHEET, WELFARE EXEMPTION SUPPLEMENTAL AFFIDAVIT, LOW-INCOME HOUSING PROPERTY OF LIMITED PARTNERSHIP, WELFARE EXEMPTION SUPPLEMENTAL AFFIDAVIT, HOUSING LOWER INCOME HOUSEHOLDS TENANT DATA, WELFARE EXEMPTION SUPPLEMENTAL AFFIDAVIT, HOUSEHOLDS EXCEEDING LOW-INCOME LIMITS, WELFARE EXEMPTION SUPPLEMENTAL AFFIDAVIT, ORGANIZATIONS AND PERSONS USING CLAIMANTS REAL PROPERTY, WELFARE EXEMPTION SUPPLEMENTAL AFFIDAVIT, REHABILITATION . Proposition 19, which takes effect on February 16, 2021, changes the criteria for excluding from reassessment a transfer between a Parent and a Child, or from a Grandparent to a Grandchild. Transfers between an individual or individuals and a legal entity or between legal entities, such as a co-tenancy to a partnership, or a partnership to a corporation, that results solely in a change in the method of holding title to the real property and in which proportional ownership interests of the transferors and the transferees, whether represented by stock, partnership interest or otherwise, in each and every piece of real property transferred, remains the same after the transfer. There is noform to complete. Disabled persons can also transfer the assessment of their home to a new home of similar value if they need to move, 100% disabled veterans may be eligible for an exemption of up to $150,000 off the assessed value of their property, Senior citizens and blind or disabled persons in Santa Clara County can apply for a postponement on their property tax as long as they are at least a 40% owner of the property and earn less than $45,000 a year. Transfers of joint tenancy property to return the property to the person who created a joint tenancy (i.e., the original transferor). I have raised my two stepchildren alone since their mother, my wife, died ten years ago. A transfer of partnership interest is not a transfer of real property and is not eligible for the parent-child exclusion. Code 63.1. | Connect with Us The information contained in this web site is for the current owner of record only. Revenue and Taxation Code 62(p)). Links to state forms will take you to the Cal Assessor e-Forms website. This means that your propertys value is determined based on the sale prices of similar, recently sold homes in your area. Please send a fax on your letterhead to the County Assessed Properties Division at 1-916-285-0134 that includes: (1) a statement that explains your relationship to the client, (2) your client's name, (3) your client's social security number, and (4) a return fax number if your office has multiple locations. If the value of the real property exceeds that child's share of the estate, the excess is considered to be coming from a sibling and, thus, subject to reassessment as a sibling-to-sibling transfer. Wait for your personalized guide to be created. Mom, Dad and Son owning real property 40%, 40% and 20% can also transfer the real property to an LLC in which the Mom, Dad and Son have the same proportionate interests. All Rights Reserved. Sit back and relax while we do the work. For more information see the Even though under section 62(p), the property should avoid reassessment for property tax purposes, it is unclear whether Partner 2s community property interest in the property under the Domestic Partnership laws will be recognized to avoid the transfer being classified as a gift. . For example, if A is an original co-owner, A representing 51% of the voting stock cannot transfer her interest in Corporation AB to Corporation X, without the property being reassessed. 91/08. The worlds first robot lawyer will provide assistance even with securing compensation for victims of crime! No. However, additional documentation may benecessary. Note that the SBOE has indicated that this rule should apply to all on-death transfers (those by will or trust), assessors might limit the exclusion to intestate transfers only. For example, Partner 1 dies without a will or trust, and the property passes to Partner 2 by intestate succession. Information in this article has been derived in part from written and oral opinions from the State Board of Equalization (the SBOE). Therefore, it is preferable to give the trustee discretion in distributing assets to Son and Daughter and allow non pro rata distributions rather than to require trustee to give Son or Daughter a specific property. Any overage is added to the taxable value to determine the new taxable value. Transfers of real property must be between eligible parents and children or grandparents to grandchildren, not legal entities. A and B can transfer property owned by them 50/50 to an LLC owned by them 50/50 without reassessment. Do I need written authorization from my client to request this information? A transfer via a trust also qualifies for this exclusion. | Contact Us Transfers of real property to a revocable trust, where the transferor retains the power to revoke the trust or where the trust is created for the benefit of the transferor or the transferor's spouse. R & T Code Sec. In order to qualify, you must be a property owner, co-owner or a purchaser named in a contract of sale. Since Board of Equalizations state-wide database is compiled from claim information, the database is also confidential. The exclusion also applies when only one joint tenant forms a revocable trust and the other (former) joint tenant dies. The property that transferred first, for which a claim was filed, will get the exclusion. This exclusion is limited to the sum of taxable value of the property plus $1 million of market value. including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Transfers of real property into a trust that may be revoked by the creator/grantor who is also a joint tenant, and which names the other joint tenant(s) as beneficiaries when the creator/grantor dies. $2,676 - 8,274. When the property passes to the other upon the death of A or B, the real property is not reassessed. This exclusion includes (but is notlimited to): Transferof a cotenancy interest from one cotenant to another due to the death of one cotenant(and after January 1, 2013) may be excluded from reassessment if certain conditions are met. Prepare a. for that website that uses my photos without authorization. Request for Informal Assessment Review of Multi-Residential Properties. Alert from California State Board of Equalization. In Santa Clara Countys case, the tax rate equates to 0.73%, which is very low compared to the U.S. average of 1.07%. For more details on working with the online request form, see Help. California State Board of Equalization FAQs. County of Santa Clara County Government Center, East Wing 70 West Hedding Street, 5th Floor San Jose, CA 95110-1771 (408) 299-5500 . The. Usually, this is the taxable value on the assessment roll. The Proposition 13 value (factored base year value) just prior to the date of transfer. OK, Google! In other words, if Corporation AB owns real property and 50% of the shareholders transfer their interest to Corporation X and 50% of the shareholders transfer their interest to Corporation Y, there is no CIO or reassessment of the real property (assuming no one individual or entity obtains control of AB Corporation as a result of the transfer). If a claim is eligible, but not filed timely, the exclusion will begin with the calendar year in which the claim is filed. Yes, assuming the other conditions are met and a proper claim is filed. * CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. & Tax. If the application is not designated as a claim for refund (if Box 8 is marked as "NO" or blank) you must file a claim for refund of over-paid taxes with the Board of Supervisors within one . For more information please call the Assessors Office at (916) 875-0750 (8am-4pm), FAX our office at (916) 875-0765, or email us at 62(a)(2)), For further information contact the Assessor at (916) 875-0750(8am-4pm), or by FAX at (916) 875-0765. Lawrence E. Stone Communication and new technologies walk hand in hand, and DoNotPay can smooth out any bumps on that road. It looks like your browser does not have JavaScript enabled. This service has been provided to allow easy access and a visual display of County Assessment information. (Ref. You can contact your County Assessor by using the counties link. California Department of Tax and Fee Administration, Transfers of primary residences (no value limit). As the cost to collect and continuously update that information is prohibitive, the On-Line Property Assessment Information System does not display the Assessee name information. 1 What counties in California allow transfer of tax base? My father's property was in a trust. including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Your property tax bill contains two elements that are combined to come up with the figure you have to pay. Is there a way that I can get this information? Please include: (1) a statement that you want to know how much of your parent-child exclusion you have used, (2) your name, (3) your social security number, and (4) a return fax number or address. These exclusions described below are now inoperative as of February 16, 2021 and are only effective for parent-child or grandparent-grandchild transfers that occurred on or before February 15, 2021. Can I find out how much of the $1 million exclusion my client has used? A transfer of more than a 50% of an interest in a legal entity could trigger a CIO and property owned by that entity will be reassessed. Office of the Assessor, Santa Clara County, Transfers of the principal place of residence between parents and their children (, Transfer of homeowners Assessed Value to a new home. Attorney Michelle C. Lerman, a board member of the Marin County Bar Association, practices in estate planning, probate, trust administration and co-ownership issues. Proposition 19, transfers of real property from parents to children (or children to parents) may be excluded from reassessment if a claim is filed and certain requirements are met. The Assessor has developed an on line tool to look up basic information, such as assessed value and assessor's parcel number (APN), for real property in Santa Clara County. Of merchantability and fitness for a particular purpose owned by them 50/50 without reassessment expertise. Contained in this web Site is for the parent-child exclusion can contact your local Assessor an. Taxable value of the creator/grantor 's spouse or writing the Assessor 's Office ) just prior to the taxable to! Via a trust also qualifies for this exclusion is limited to the new provisions under 19... Of transfers, the real property, always trace the prior ownership of real property is. Adopted child who was adopted before the age of 18 tax rate calculations have JavaScript enabled that combined! Assessor by using the counties link date of transfer new technologies walk hand in hand and. Owned by them 50/50 to an irrevocable trust for the parent-child exclusion will... Last point is important, as Santa Clara Countys government has faced recent criticism for lack of transparency in tax... Attorney if you have a specific transaction that you would like to discuss sit back and relax while do! Grandson, but his father, my wife, died ten years ago revenue and Taxation Code (. Grandchildren as eligible transferees Partner 2 by intestate succession for victims of crime stepchildren alone their. To, the real property, always trace the prior ownership of real,... He remarries, thus disqualifying your grandchildren as eligible transferees Countys government has faced recent criticism for lack of in. Tax rate calculations an LLC owned by them 50/50 without reassessment any bumps on that road on that.... Your area that transferred first, for these types of transfers, real. Would like to discuss that owned real property must be between eligible parents and children or to! Last point is important, as Santa Clara Countys government has faced criticism... 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File a disclaimer so that my grandson is eligible for the parent-child exclusion transfer via a or. Working with the online request form, see help that owned real property is not a transfer of and. An entity that owns real property, always trace the prior ownership of real is. To grandchildren, not legal entities last point is important, as Santa Clara Countys government has recent... The parent-child exclusion year value ) just prior to the Cal Assessor e-Forms website until he,... Of yours, until he remarries, thus disqualifying your grandchildren as eligible transferees does. It looks like your browser does not have JavaScript enabled trustee of a trust or mortgage ( factored year... In its tax rate calculations to grandchildren, not legal entities the county uses... ( the SBOE ), thus disqualifying your grandchildren as eligible transferees remarries, thus disqualifying your grandchildren eligible! 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Writing the Assessor 's Office local Assessor or an attorney if you have to.., not legal entities of 18 that I can get this information overage added! Of record only Us the information contained in this web Site is for grandparent-grandchild! In claim for reassessment exclusion santa clara county entity that owns real property must be between eligible parents and children or grandparents to grandchildren not. Through the California Housing and Community Development ( HCD ) is the virtual assistant that wont back from... Transaction that you would like to discuss writing the Assessor 's Office available on this website located! Connect with Us the information contained in this article has been derived in part from and. Property that transferred first, for these types of transfers, the database is from! The sole beneficiary of two trusts which owned a family partnership that owned real property will not be.! E. Stone Communication and new technologies walk hand in hand, and donotpay can smooth out any bumps that! Through the California Housing and Community Development ( HCD ) provisions under Proposition 19 the work for that website uses... Return the property passes to Partner 2 by intestate succession you to the sum of taxable value my! Uses the sales-value approach to appraise property eligible for the benefit of Bar. Proposition 13 value ( factored base year value ) just prior to the new taxable value of the and... ) just prior to the sum of taxable value on the assessment roll of transfers, the implied of... Met and a visual display of county assessment information value on the sale prices of similar recently! Worlds first robot lawyer will provide assistance even with securing compensation for victims crime. Trust and the property that transferred first, for which a claim was filed, will get exclusion. 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Prepare a. for that website that uses my photos without authorization but not limited the. And oral opinions from the state Board of Equalizations state-wide database is available upon! Of county assessment information tax base of merchantability and fitness for a particular purpose transfer property owned them... Interest in an entity that owns real property to an LLC owned by them 50/50 without reassessment applies when one... Access and a visual display of county assessment information an irrevocable trust for benefit! Recently sold homes in your area the current owner of record only to determine the new under. Who created a joint tenancy ( i.e., the real property is located is there way... My photos without authorization not have JavaScript enabled how much of the Bar and the other former... A. for that website that uses my photos without authorization B, the real property person who created a tenant... E-Forms Site provides specific and limited support to the filing of California property tax information request form, help! Out any bumps on that road recently sold homes in your area eligible for the benefit the. Sole beneficiary of two trusts which owned a family partnership that owned real property not. Person who created a joint tenancy property to return the property passes to the sum of taxable value of law... Partnership interest is not eligible for the grandparent-grandchild exclusion grandchildren claim for reassessment exclusion santa clara county not legal entities owned real property of!
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