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Estate Tax Appraisal Services Real Estate Appraisers | Property Tax Consultant
Principal - Warren K. Hoppke, SRPA Member Appraisal Institute Senior Real Property Analyst
Robert Nord, MAI Member Appraisal Institute
Estate Tax Appraiser | 709 Gift Tax Appraiser | IRS 706 filings Date of Death Appraiser | Charitable Trust Appraiser | Home, Apartment, Vacant Land, Industrial & Commercial Real Estate Appraisal Services Serving Orange County, Los Angeles, Riverside, San Diego, San Bernardino, Ventura, and all of Southern California 
We are a leading provider of estate tax appraisal services throughout Southern California. Some of the reasons why you may need a real estate appraiser include settling an estate, determination of asset values for financial planning, property tax valuation, or setting up a revocable or charitable living trust is an important and sometimes stressful job. Moreover, filing tax return forms 1040(E), 1041, 706 or 709 in many cases requires a well documented real estate appraisal prepared by appraisers familiar with IRS appraisal guidelines.
Treasury Regulations and Choosing a Real Estate Appraiser
When choosing a real estate appraiser for an IRS estate tax return filing you should find an appraiser experienced with IRS Real Property Valuation Guidelines. Treasury Regulation Section 20.2031-1(b) requires the appraiser to follow certain guide lines when preparing real estate appraisals for estate tax returns, Retrospective date of death valuations, gift tax, Casualties & Disasters, charitable trusts or organizations, and other tax return filing purposes. Moreover, the appraiser must be qualified under regulations Section 1.170A-13(c)(5) and be able to qualify as an expert witness. Additionally, information that should be stated in the appraisal is set forth in IRS Rev. Proc. 66-49, 1966-2 C.B. 1257. For example, utilizing the correct definition of "Market Value", "Use Value", "Fair Market Value", "Intrinsic Value", or "Investment Value" means the difference between a disputed appraisal and one that is prepared correctly. Anselmo v. Commissioner, the Court states there is no distinction between the measure of "Fair Market Value" for estate and gift tax purposes and charitable contributions. In addition, Rev. Proc. 79-24, 1979-1 C.B. 565 indicates guide lines for the "Market Approach" also known as the "Market Comparison Approach", better known in appraising for federally related transactions as the "Sales Comparison Approach". Similarly, Rev. Rul. 68-609, 1968 C.B. 327 provides the general approach, methods and factors outlined in Rev. Rul. 59-60, 1959-1 C.B. 237.
It is also wise to avoid submitting an appraisal with your federal estate tax return that is more than two years old and does not meet other specific IRS filing guide lines. Additionally, the IRS looks at the accreditation of the real estate appraisers, the rationale of the "Fair Market Value" opinion, the validity of the comparable research, and the overall professionalism of the report. In preparing an appraisal for tax filing purposes the IRS requires the appraiser to follow specific appraisal guidelines and IRS Real Property Valuation Guidelines. In addition, when valuing partial or fractional interests (Use of Blockage and Lack of Marketability Discounts) it is important to provide a well documented report with the appropriate valuation techniques.
It is equally important that you select an appraiser who has the experience and knowledge necessary to prepare appraisal reports for tax returns according to IRS guide lines. We believe real estate ap praisals prepared or supervised by a Member of the Appraisal Institute provides you with the highest quality reporting in the industry. Appraisal Institute Members hold the highest appraisal industry designations and have the necessary educational background and years of experience needed for residential and commercial appraisal work. Warren K. Hoppke,SRPA Principal of AppraiserValues.com Member Appraisal Institute and Senior Real Property Analyst with over 30 years experience as a residential and commercial appraiser.
For outright and planned gifts of California real estate in a charitable remainder trust, establishing "Fair Market Value" (FMV) is essential for determining the charitable deduction and for measuring the lifetime income interest of planned gifts. All donations of $5,000 or more require a qualified appraisal. Section 155 of the Deficit Reduction Act of 1984 requires a qualified appraisal for certain contributions of property made after December 31, 1984. A helpful resource is IRS publication 561 Determining the Value of Donated Property, which describes the protocol in detail, including the procedures for real estate appraisers, content of appraisals, etc. The donor must complete IRS form 8283 (signed by NHF) and file this form with his/her tax return for the tax year in which the gift of real estate is claimed. A copy of the qualified appraisal it typically attached to form 8283 for estate tax filing, which is also signed by a real estate appraiser.
Settling an estate usually requires an appraiser to establish an opinion of "Fair Market Value" (FMV) for the residential home appraisal or commercial appraisal involved. Often, the date of death (effective date of the appraisal) differs from the date of the inspection. Our appraisers are familiar with the procedures and requirements necessary to perform a retrospective forensic appraisal with an effective date and a "Fair Market Value" opinion matching the date of death. The ethics provision within the Uniform Standards of Professional Appraisal Practice (USPAP) binds us with confidentiality, ensuring the fullest degree of discretion.
Attorneys, Accountants, and Financial Planners rely on our appraisal services when they need an expert to complete an accurate "Fair Market Value" (FMV) opinion for estate tax return filing, tax planning, divorce, probate & wills, partnership dissolutions, bankruptcy, arbitration, mediation, or other disputes requiring a valuation of real property. We understand their needs and the needs of all parties involved. We believe our expert certified and licensed residential and commercial appraiser provide appraisal reports that meet the Uniform Standards of Professional Appraisal Practice (USPAP), the requirements of the courts, IRS tax filiing guide lines, and various agencies.
Typically, our fees for Date of Death appraisals, trusts, or a retrospective real estate appraisal require more research than a typical appraisal assignment and therefore requires a fee quote. If in the event of a challenge on an appraisal for an estate tax filing from the IRS the following applies. Any changes outside of minor corrections after the original residential appraisal or commercial appraisal assignment has been completed our fee shall be billed at $300 per hour plus expenses. After the date of completion of an appraisal any follow up will be considered a new assignment. The expert real estate appraiser is not required to provide consultations with accountants, attorneys, IRS, estate tax planner, accountant, R E attorney, tax expert, expert witness services, or litigation support services without a separate written agreement sign by both parties and the payment of a fee.
The following is from Bob Bruss Reports. For more information on Bob Bruss publications, visit his Real Estate Center).
Why Retaining A Life Estate is Not a Good Idea
Dear Bob: I am 76 and in pretty good health. But I am short of income. My daughter and son-in-law offered to make my mortgage and property tax payments if I will deed my house to them, retaining a life estate. They have excellent income. My son-in-law owns his business which is very profitable. What do you think of this idea? – Ted W.
Dear Ted: I don't like that idea at all. Gifting your home to your daughter and son-in-law is very good for them, even though you retain a life estate. But you will lose control over your home.
For example, suppose in a few years you need to move to an assisted living home. How will you pay for that care if you've already given up your home and its equity?
A far better alternative for you is to obtain a reverse mortgage to provide the income you need for the rest of your life. But you still control your home.
If you decide to sell your home in the future so you can move to an assisted living residence, you can then make that decision.
Why Would An Attorney Advise Against A Living Trust ?
Dear Bob: Having read your wonderful articles for years, I finally got motivated to get one of those living trusts you often recommend. What motivated me was a close friend died about six months ago. Her daughter told me the nightmare it has been dealing with the lawyers and going through probate court hassles. She said her mother wouldn't listen to her when she kept suggesting a living trust to avoid probate costs and delays. So I went to see a lawyer about a living trust. My assets are very simple and modest so he transferred them into my living trust. But when it came to my house, he said I should not put the title into my living trust. However, I didn't think he had a good explanation. Is there any reason why my house title should not be in my living trust? – Hugo T.
Dear Hugo: I am not aware of any valid reason why title to your home and other real estate should not be part of your revocable living trust. Even in Florida, where there has been a problem with some county recorders, if it is clearly labeled as a revocable living trust there should be no problem.
Could it be that the attorney wants to provide for his future probate business when you pass on? Just a thought. I suggest you consult another attorney who specializes in living trusts.
The Robert Bruss special report, "Living Trust Pros and Cons for Avoiding Probate Costs and Delays for Your Heirs," is now available for $4 from Robert Bruss, 251 Park Road, Burlingame, CA 94010 or by credit card at 1-800-736-1736 or instant Internet download at www.bobbruss.com. Questions for this column are welcome at either address.
(For more information on Bob Bruss publications, visit his Real Estate Center).
Disclaimer: All information that we provid on our web site is of a general nature. It is not intended to address the circumstances of any particular individual or entity. Even though we strive to provide accurate and timely information, we do not guarantee that such information is accurate. No one should act upon such information without appropriate professional advice after a thorough examination of the facts of their particular situation.
We are not attorney's, tax professionals, financial planners or accountants. The above is not intended to give advise on legal, tax, financial planning, or accounting matters. Please check with your attorney, tax advisor, financial planner, and accountant for information regarding said matters. Calif.
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