Tom's Properties LLC Petitioner V City Of Grand Rapids Respondent
- Petitioner
- Tom's Properties LLC
- Respondent
- City Of Grand Rapids
Case overview
- Docket number
- 26-002483-TT
- Status
- Answer Due
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Kent
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 3 | Petition has been verified | PET | 1 | 09/17/2026 | Not recorded | Download |
| Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 09/17/2026 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 06/26/2026 | $125.00 | Download |
| Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Download |
Documents
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Page 1
CITY ASSESSOR CITY OF GRAND RAPIDS May 22, 2026 TOM'S PROPERTIES LLC 25761 LE PARC UNIT 42 LAKE FOREST, CA 92603 Re: 1818 Division Ave S (41-18-06-351-003) 1316 Alpine Ave NW (41-13-13-351-028) 1322 Alpine Ave NW (41-13-13-351-011) 840 Lafayette Ave SE (41-14-31-330-008) 1007 Sheridan Ave SW (41-13-36-380-021) 108 Burton St SW (41-17-12-226-009) Dear Property Owner: The Assessor's Office was recently made aware of a transfer of ownership, dated December 02, 2025, on the above named properties. A transfer of ownership is defined in MCL 211.27a. This part of the statute reads: “Upon a transfer of ownership of property after 1994, the property's taxable value for the calendar year following the year of the transfer is the property's state equalized valuation for the calendar year following the transfer.” This means that the taxable value becomes “uncapped” the year following the transfer of ownership, causing an increase in property taxes. This change is reflected on the enclosed Michigan Department of Treasury form “Assessor Affidavit Regarding Uncapping of Taxable Value” for year 2026. Upon receipt of this affidavit, the City Treasurer will issue a statement for additional taxes. This action can be appealed to the Michigan Tax Tribunal by filing an appeal within 35 days of receipt of this notice. Appeal forms are available online at www.michigan.gov/taxtrib. If you have any questions, please contact me at 616-456-3154. Thank you. Sincerely, Hap Po Lindsey Post Acting City Assessor City of Grand Rapids enc PHONE (B16) 456-3081 « FAX [618] 456-4608 ASSESSORGRE@GRCITY.US + GRANDRARIDSMILGOV 300 MONROE AVENUE, NW « GRAND RAPIDS, MI 489503
Page 2
Michigan Department of Treasury 1L-4054 (08-09) ASSESSOR AFFIDAVIT REGARDING "UNCAPPING" OF TAXABLE VALUE The changes in Taxable Value recorded on this affidavit are related to the "Uncapping" of Taxable Value due to a failure on the part of the transferee (buyer) to timely file the Property Transfer Affidavit (form L-4260). In accordance with the authority identified in Section 27b of the General Property Tax Act (P.A. 206 of 1893, as amended), a correction has been made in the Taxable Value of the following described Real/Personal property: 41-14-31-330-008 located in the City of (Parcel identification Number) Grand Rapids . This is a corre 2026 As (Tax Year) Correction of Taxable Value Due to Transfer of Ownership School Code HOMESTEAD AND QUALIFIED AGRICULTURAL NON-HOMESTEAD AND NON-QUA 41010 Amount of Amount Grand Rapids School District Before Correction Increase/Decrease Corrected Before Correction Increase/Decr 3 — TET State Equalized Valuation Ere 105,900 [RRAe Ge Taxable Valuation 45,042 Taxing Unit HOMESTEAD AND QUALIFIED AGRICULTURAL NON-HOMESTEAD AND NON-QUA Amount of Amount Before Correction Increase/Decrease Corrected Before Correction Increase/Dec Kent County : Intermediate School District Grand Rapids Community College State Education Tax Local School Operating Local School Supplemental (<=18) Local School Supplemental (>=18) Local School Enhancement Local School Debt City of Grand Rapids Interurban Transit Total NOTE: The levy section of this affidavit does not include collection fees, penalties, and interest. These must be added, when applicable, by the Treasurer. I, Lindsey Post, being the certified assessor for the City of Grand Rapids, do hereby affirm that the above information is true, to the best of my TRA = 22/202 Certification No. 4 by — Copies to: Propdrty Owner, Bhualization Department, County Treasurer, and the Treasurers of all affected Taxing Units.
Page 3
Π optional. Π Seller: by completing limited you correspondence. wills, certain Π Name: Name: Seller: Π Name: .27a(6)(d)(i) RTIFICATIO : certify complete to my knowledge. Reset Form VE -4260OFFICE USE ONLY mandatory. townshiit JAN OS D Assessor
Page 4
THE TOM FAHLAND REVOCABLE LIVING TRUST This TRUST AGREEMENT is entered into this FEBRUARY 4, 2021, by and between TOM FAHLAND hereinafter sometimes called "Trustee," and TOM FAHLAND hereinafter sometimes called "Trustor” or “Settlor.” The name of this Trust is THE TOM FAHLAND REVOCABLE LIVING TRUST. ARTICLE | IDENTIFICATION OF TRUSTOR'S CHILDREN 1.1 Children of TOM FAHLAND. Trustor has no children, either living or deceased. ARTICLE li IDENTIFICATION OF TRUST PROPERTY 21 Trust Property. The Settlor/Trustor have transferred and delivered, or will transfer and deliver, to the Trustee, without consideration, the property described in Schedule A attached hereto. Additional property, which is acceptable to the Trustee, whether real, personal or mixed, or any interest therein, may be transferred to this Trust by the Trustor or any other person. Such property added to the Trust after the date of execution shall be listed in Schedule B. The Trustee agrees to hold, manage, and distribute the property described in Schedule A, and all other property hereafter received, as hereinafter provided. The term "Trust Estate” shall refer to all property transferred into this Trust, whether real, personal or mixed, prior to division into any other trusts. ARTICLE Ill OPERATION OF TRUST DURING LIFETIME OF TRUSTOR 3.1 Distribution During Lifetime of Trustor. The net income from the property shall be paid in monthly or other convenient installments to or for the benefit of the Trustor during his lifetime. Page 1 of 23
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b)) In addition to the net income as delineated above, the Trustee shall distribute out of the principal of the Trust Estate to or for the benefit of the Trustor, such sums as the Trustor shall request. 3.2 Trustor's Power to Amend or Revoke. The Trustor, while competent, may amend this Trust and any amendment thereto by agreement in writing executed by Trustor and the Trustee. After the death of the Trustor, this Trust may not be amended. After the death of the Trustor, this Trust shall be irrevocable. 3.3
Page 6
4.3
Page 7
Pag
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR 1 of 4 PROPERTY TAX APPEAL PETITION FORM VALUATION / UNCAPPING APPEAL MTT DOCKET NO. Petitioner’s Contact Information: Filer Type: Organization Local Unit of Government: First Name M.I. Last Name Tom's Properties LLC (Joyce Lee) Mailing Address (No., Street, P.O. Box or Rural Route) 25761 Le Parc, Unit 42 City or Town Lake Forest State California ZIP Code 92602 Telephone Number 949-973-7611 E-mail Address joyce.lee2000@yahoo.com Petitioner’s Attorney/Authorized Representative’s Contact Information, if any: First Name Hailey M.I. Last Name Adams Firm Name (if any) SBS Law PLC Address (No., Street, P.O. Box or Rural Route) 234 Division Ave N Ste 400 City or Town Grand Rapids State Michigan ZIP Code 49503 Telephone Number 6163005945 E-mail Address hadams@sbslawplc.com Subject Property Information: How many parcels are you appealing? 1 If you are appealing more than one parcel, are they contiguous or adjoining? *If no, you must file separate appeals for each parcel N/A Property Address (No., Street) 840 Lafayette Ave SE
Page 2
STATE OF MICHIGAN
GRETCHEN WHITMER
GOVERNOR
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
LANSING
MARLON I. BROWN, DPA
DIRECTOR
2 of 4
City or Town
Grand Rapids
County
Kent
State
Michigan
ZIP Code
49507
Taxing Authority (City or Township)
City Of Grand Rapids (KENT)
Check which of the following you are appealing: (check all that apply)
Uncapping of Taxable Value
Please Explain the Reason for this Appeal:
On May 22, 2026, Petitioner received a Notice and Assessor Affidavit Regarding "Uncapping" of Taxable Value for this parcel. The Notice states that the Assessor's
office became aware of a transfer of ownership dated December 2, 2026. The Affidavit states, in part, "The changes in Taxable Value recorded on this affidavit are
related to the "Uncapping" of Taxable Value due to a failure on the part of the transferee (buyer) to timely file the Property Transfer Affidavit (form L-4260)."
However, the Property Transfer Affidavit ("PTA)" for this parcel shows a stamp in the Office Use section of the upper right hand corner with a date of January 06,
2026. The date of transfer is December 02, 2025, and the date of signature on the PTA is December 30, 2025. Per Form L-4260, the completed Affidavit must be
filed within 45 days of the transfer, making the deadline for filing this PTA January 16, 2026. Per the stamped date of receipt, the PTA was timely filed within 45
days of the transfer.
Further, Petitioner believes the transfer falls under the exemptions listed in MCL 211.27a(7)(a) or MCL 211.27a(7)(i) for the reasons stated below.
Tom Fahland created the Tom Fahland Revocable Living Trust under a Trust Agreement dated February 4, 2021. During his lifetime, Mr. Fahland was the settlor
and sole present beneficiary of the Trust. Around March 2021, Mr. Fahland, in his individual capacity, assigned 100% of the membership interest in Tom's
Properties LLC to the Trust. At all relevant times, Tom's Properties LLC has held title to the subject parcel(s). Mr. Fahland, the sole member of Tom's Properties
LLC, passed away on December 14, 2025.
Joyce Lee is the surviving spouse of Mr. Fahland and, under Article IV, Section 4.4 of the Tom Fahland Revocable Living Trust Agreement, is the beneficiary entitled
to the remainder of the Trust estate following the payment of specified cash bequests. By December 2, 2025, the specific cash bequests had been satisfied in full,
leaving Joyce Lee as the only beneficiary with a remaining interest in the Trust.
By Assignment of Membership Interest dated December 2, 2025, the Trust distributed 100% of the membership interest in Tom's Properties LLC to Joyce Lee, for
no consideration, as a distribution of the Trust's remaining assets. The substance of the Assignment is the distribution of the Trust's sole asset to the surviving
spouse of the settlor.
MCL 211.27a(7)(a) states that a transfer of property from a decedent to a surviving spouse is not a transfer of ownership. Here, the subject property was owned
by Tom's Properties LLC, which was entirely held by the Tom Fahland Revocable Living Trust. Tom Fahland was the settlor and sole present beneficiary up until his
death in September 2025. On December 2, 2025, the Assignment of Membership Interest distributed the 100% membership interest in Tom's Properties LLC held
by the the Trust to Joyce Lee, surviving spouse of Tom Fahland. Therefore, this transfer was from the decedent Tom Fahland, through his Trust, to surviving
spouse Joyce Lee, and should be exempted under MCL 211.27a(7)(a).
Under MCL 211.27a(6)(d) states that a conveyance by distribution from a trust is not a transfer of ownership where the distributee is the sole present beneficiary
or the spouse of the sole present beneficiary, or both. Here, Mr. Fahland was the sole present beneficiary of the Trust during his lifetime, and the distributee,
Joyce Lee, is his surviving spouse. The conveyance therefore also falls under this exception, as the distribution is from a trust to the spouse of the sole present
beneficiary.
Because the Assignment is exempted or excepted from the definition of a transfer of ownership, and because the Property Transfer Affidavit was timely filed with
the Assessor, the taxable value of the parcel(s) should not have been uncapped for the 2026 year under MCL 211.27a(3), and the capped taxable values should be
restored.Page 3
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR 3 of 4 Jurisdictional Issues: Did you protest the assessment at a Board of Review? No If Yes, check which Board of Review you attended: If No, please check the applicable reason(s): Appealing within 35 days of receipt of Notice of Uncapping Year(s) Under Appeal: 2026 Valuation Information for Each Parcel under Appeal: Parcel
Page 4
S
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Tom's Properties LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 26-002483 City Of Grand Rapids, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 281. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: Tribunal Clerk Entered: September 17, 2026 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Tom's Properties LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 26-002483 City Of Grand Rapids, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 281. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: Tribunal Clerk Entered: September 17, 2026 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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Page 1
CITY ASSESSOR CITY OF GRAND RAPIDS May 22, 2026 TOM'S PROPERTIES LLC 25761 LE PARC UNIT 42 LAKE FOREST, CA 92603 Re: 1818 Division Ave S (41-18-06-351-003) 1316 Alpine Ave NW (41-13-13-351-028) 1322 Alpine Ave NW (41-13-13-351-011) 840 Lafayette Ave SE (41-14-31-330-008) 1007 Sheridan Ave SW (41-13-36-380-021) 108 Burton St SW (41-17-12-226-009) Dear Property Owner: The Assessor's Office was recently made aware of a transfer of ownership, dated December 02, 2025, on the above named properties. A transfer of ownership is defined in MCL 211.27a. This part of the statute reads: “Upon a transfer of ownership of property after 1994, the property's taxable value for the calendar year following the year of the transfer is the property's state equalized valuation for the calendar year following the transfer.” This means that the taxable value becomes “uncapped” the year following the transfer of ownership, causing an increase in property taxes. This change is reflected on the enclosed Michigan Department of Treasury form “Assessor Affidavit Regarding Uncapping of Taxable Value” for year 2026. Upon receipt of this affidavit, the City Treasurer will issue a statement for additional taxes. This action can be appealed to the Michigan Tax Tribunal by filing an appeal within 35 days of receipt of this notice. Appeal forms are available online at www.michigan.gov/taxtrib. If you have any questions, please contact me at 616-456-3154. Thank you. Sincerely, Hap Po Lindsey Post Acting City Assessor City of Grand Rapids enc PHONE (B16) 456-3081 « FAX [618] 456-4608 ASSESSORGRE@GRCITY.US + GRANDRARIDSMILGOV 300 MONROE AVENUE, NW « GRAND RAPIDS, MI 489503
Page 2
Michigan Department of Treasury 1L-4054 (08-09) ASSESSOR AFFIDAVIT REGARDING "UNCAPPING" OF TAXABLE VALUE The changes in Taxable Value recorded on this affidavit are related to the "Uncapping" of Taxable Value due to a failure on the part of the transferee (buyer) to timely file the Property Transfer Affidavit (form L-4260). In accordance with the authority identified in Section 27b of the General Property Tax Act (P.A. 206 of 1893, as amended), a correction has been made in the Taxable Value of the following described Real/Personal property: 41-14-31-330-008 located in the City of (Parcel identification Number) Grand Rapids . This is a corre 2026 As (Tax Year) Correction of Taxable Value Due to Transfer of Ownership School Code HOMESTEAD AND QUALIFIED AGRICULTURAL NON-HOMESTEAD AND NON-QUA 41010 Amount of Amount Grand Rapids School District Before Correction Increase/Decrease Corrected Before Correction Increase/Decr 3 — TET State Equalized Valuation Ere 105,900 [RRAe Ge Taxable Valuation 45,042 Taxing Unit HOMESTEAD AND QUALIFIED AGRICULTURAL NON-HOMESTEAD AND NON-QUA Amount of Amount Before Correction Increase/Decrease Corrected Before Correction Increase/Dec Kent County : Intermediate School District Grand Rapids Community College State Education Tax Local School Operating Local School Supplemental (<=18) Local School Supplemental (>=18) Local School Enhancement Local School Debt City of Grand Rapids Interurban Transit Total NOTE: The levy section of this affidavit does not include collection fees, penalties, and interest. These must be added, when applicable, by the Treasurer. I, Lindsey Post, being the certified assessor for the City of Grand Rapids, do hereby affirm that the above information is true, to the best of my TRA = 22/202 Certification No. 4 by — Copies to: Propdrty Owner, Bhualization Department, County Treasurer, and the Treasurers of all affected Taxing Units.
Page 3
Π optional. Π Seller: by completing limited you correspondence. wills, certain Π Name: Name: Seller: Π Name: .27a(6)(d)(i) RTIFICATIO : certify complete to my knowledge. Reset Form VE -4260OFFICE USE ONLY mandatory. townshiit JAN OS D Assessor
Page 4
THE TOM FAHLAND REVOCABLE LIVING TRUST This TRUST AGREEMENT is entered into this FEBRUARY 4, 2021, by and between TOM FAHLAND hereinafter sometimes called "Trustee," and TOM FAHLAND hereinafter sometimes called "Trustor” or “Settlor.” The name of this Trust is THE TOM FAHLAND REVOCABLE LIVING TRUST. ARTICLE | IDENTIFICATION OF TRUSTOR'S CHILDREN 1.1 Children of TOM FAHLAND. Trustor has no children, either living or deceased. ARTICLE li IDENTIFICATION OF TRUST PROPERTY 21 Trust Property. The Settlor/Trustor have transferred and delivered, or will transfer and deliver, to the Trustee, without consideration, the property described in Schedule A attached hereto. Additional property, which is acceptable to the Trustee, whether real, personal or mixed, or any interest therein, may be transferred to this Trust by the Trustor or any other person. Such property added to the Trust after the date of execution shall be listed in Schedule B. The Trustee agrees to hold, manage, and distribute the property described in Schedule A, and all other property hereafter received, as hereinafter provided. The term "Trust Estate” shall refer to all property transferred into this Trust, whether real, personal or mixed, prior to division into any other trusts. ARTICLE Ill OPERATION OF TRUST DURING LIFETIME OF TRUSTOR 3.1 Distribution During Lifetime of Trustor. The net income from the property shall be paid in monthly or other convenient installments to or for the benefit of the Trustor during his lifetime. Page 1 of 23
Page 5
b)) In addition to the net income as delineated above, the Trustee shall distribute out of the principal of the Trust Estate to or for the benefit of the Trustor, such sums as the Trustor shall request. 3.2 Trustor's Power to Amend or Revoke. The Trustor, while competent, may amend this Trust and any amendment thereto by agreement in writing executed by Trustor and the Trustee. After the death of the Trustor, this Trust may not be amended. After the death of the Trustor, this Trust shall be irrevocable. 3.3
Page 6
4.3
Page 7
Pag
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Read document text excerpt
Page 1
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR 1 of 4 PROPERTY TAX APPEAL PETITION FORM VALUATION / UNCAPPING APPEAL MTT DOCKET NO. Petitioner’s Contact Information: Filer Type: Organization Local Unit of Government: First Name M.I. Last Name Tom's Properties LLC (Joyce Lee) Mailing Address (No., Street, P.O. Box or Rural Route) 25761 Le Parc, Unit 42 City or Town Lake Forest State California ZIP Code 92602 Telephone Number 949-973-7611 E-mail Address joyce.lee2000@yahoo.com Petitioner’s Attorney/Authorized Representative’s Contact Information, if any: First Name Hailey M.I. Last Name Adams Firm Name (if any) SBS Law PLC Address (No., Street, P.O. Box or Rural Route) 234 Division Ave N Ste 400 City or Town Grand Rapids State Michigan ZIP Code 49503 Telephone Number 6163005945 E-mail Address hadams@sbslawplc.com Subject Property Information: How many parcels are you appealing? 1 If you are appealing more than one parcel, are they contiguous or adjoining? *If no, you must file separate appeals for each parcel N/A Property Address (No., Street) 840 Lafayette Ave SE
Page 2
STATE OF MICHIGAN
GRETCHEN WHITMER
GOVERNOR
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
LANSING
MARLON I. BROWN, DPA
DIRECTOR
2 of 4
City or Town
Grand Rapids
County
Kent
State
Michigan
ZIP Code
49507
Taxing Authority (City or Township)
City Of Grand Rapids (KENT)
Check which of the following you are appealing: (check all that apply)
Uncapping of Taxable Value
Please Explain the Reason for this Appeal:
On May 22, 2026, Petitioner received a Notice and Assessor Affidavit Regarding "Uncapping" of Taxable Value for this parcel. The Notice states that the Assessor's
office became aware of a transfer of ownership dated December 2, 2026. The Affidavit states, in part, "The changes in Taxable Value recorded on this affidavit are
related to the "Uncapping" of Taxable Value due to a failure on the part of the transferee (buyer) to timely file the Property Transfer Affidavit (form L-4260)."
However, the Property Transfer Affidavit ("PTA)" for this parcel shows a stamp in the Office Use section of the upper right hand corner with a date of January 06,
2026. The date of transfer is December 02, 2025, and the date of signature on the PTA is December 30, 2025. Per Form L-4260, the completed Affidavit must be
filed within 45 days of the transfer, making the deadline for filing this PTA January 16, 2026. Per the stamped date of receipt, the PTA was timely filed within 45
days of the transfer.
Further, Petitioner believes the transfer falls under the exemptions listed in MCL 211.27a(7)(a) or MCL 211.27a(7)(i) for the reasons stated below.
Tom Fahland created the Tom Fahland Revocable Living Trust under a Trust Agreement dated February 4, 2021. During his lifetime, Mr. Fahland was the settlor
and sole present beneficiary of the Trust. Around March 2021, Mr. Fahland, in his individual capacity, assigned 100% of the membership interest in Tom's
Properties LLC to the Trust. At all relevant times, Tom's Properties LLC has held title to the subject parcel(s). Mr. Fahland, the sole member of Tom's Properties
LLC, passed away on December 14, 2025.
Joyce Lee is the surviving spouse of Mr. Fahland and, under Article IV, Section 4.4 of the Tom Fahland Revocable Living Trust Agreement, is the beneficiary entitled
to the remainder of the Trust estate following the payment of specified cash bequests. By December 2, 2025, the specific cash bequests had been satisfied in full,
leaving Joyce Lee as the only beneficiary with a remaining interest in the Trust.
By Assignment of Membership Interest dated December 2, 2025, the Trust distributed 100% of the membership interest in Tom's Properties LLC to Joyce Lee, for
no consideration, as a distribution of the Trust's remaining assets. The substance of the Assignment is the distribution of the Trust's sole asset to the surviving
spouse of the settlor.
MCL 211.27a(7)(a) states that a transfer of property from a decedent to a surviving spouse is not a transfer of ownership. Here, the subject property was owned
by Tom's Properties LLC, which was entirely held by the Tom Fahland Revocable Living Trust. Tom Fahland was the settlor and sole present beneficiary up until his
death in September 2025. On December 2, 2025, the Assignment of Membership Interest distributed the 100% membership interest in Tom's Properties LLC held
by the the Trust to Joyce Lee, surviving spouse of Tom Fahland. Therefore, this transfer was from the decedent Tom Fahland, through his Trust, to surviving
spouse Joyce Lee, and should be exempted under MCL 211.27a(7)(a).
Under MCL 211.27a(6)(d) states that a conveyance by distribution from a trust is not a transfer of ownership where the distributee is the sole present beneficiary
or the spouse of the sole present beneficiary, or both. Here, Mr. Fahland was the sole present beneficiary of the Trust during his lifetime, and the distributee,
Joyce Lee, is his surviving spouse. The conveyance therefore also falls under this exception, as the distribution is from a trust to the spouse of the sole present
beneficiary.
Because the Assignment is exempted or excepted from the definition of a transfer of ownership, and because the Property Transfer Affidavit was timely filed with
the Assessor, the taxable value of the parcel(s) should not have been uncapped for the 2026 year under MCL 211.27a(3), and the capped taxable values should be
restored.Page 3
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR 3 of 4 Jurisdictional Issues: Did you protest the assessment at a Board of Review? No If Yes, check which Board of Review you attended: If No, please check the applicable reason(s): Appealing within 35 days of receipt of Notice of Uncapping Year(s) Under Appeal: 2026 Valuation Information for Each Parcel under Appeal: Parcel
Page 4
S
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.