Mark W. Bidwell
California real property transfers
Probate
Transfer of California Real Property from Deceased Parent without a Surviving Spouse
A child takes control and ownership of a deceased parent’s California real property by deed or court order. Tip Sheet by Mark W. Bidwell provides an overview of the process and assumes there is no surviving spouse. First, determine how the property was owned by the deceased parent. A database of real property owners is […]
Tags: California real property, deceased parent, post death, probate, real property, successor trustee, trust administration
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Separate, Community and Quasi-Community Property
For a married couple living in California, real property located in the United States is classified as either separate property, community property or quasi-community property. The classification has great impact on each spouse’s legal rights to the real property. The classification is determined by when and how the real property is acquired. Real property acquired […]
Tags: Community property, quasi-community property, separate property
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Who inherits community property, separate property and quasi-community property
For a married couple living in California, real property located in the United States is classified as either separate property, community property or quasi-community property. The classification has great impact on each spouse’s legal rights to the real property. The classification is determined by when and how the real property is acquired. Real property acquired […]
Tags: Community property, deceased spouse, quasi-community property, real estate, real property, separate property, who inherits
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Decedent or Trust, Who Owns the Real Property?
The Successor Trustee assumes fiduciary duties and responsibilities on the death of the trust owner. The first question in administering real property is “who owns the real property?” Is it the trust or the decedent? Data on who is the rightful owner of real property in California is maintained by the County where the real […]
Tags: California real estate, California real property, fiduciary duty, Heggstad, probate administration, Real property post death transfers, successor trustee, trust administration
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No Will, Who Inherits?
Who inherits real property if there is no will or trust. Without a will or trust the intestacy laws of California intervene. Intestacy law identifies who is the next of kin to inherit. The surviving spouse is the default next of kin. If there is no surviving spouse, then the children of the deceased inherit. […]
Tags: estate planning, intestacy, probate, probate administration
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Quick Overview of Probate in California
In California a set of laws determine how a decedent’s assets are transferred and how a decedent’s debts are paid. This set of laws is referred to as the “Probate Code.” Courts that enforce the probate code are referred to as probate courts. This post by Mark W. Bidwell, a licensed attorney in California, provides […]
Tags: probate, probate administration
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California Probate Quick Over View
In California a set of laws determine how a decedent’s assets are transferred and how a decedent’s debts are paid. This set of laws is referred to as the “Probate Code.” Courts that enforce the probate code are referred to as probate courts. This blog post by Mark W. Bidwell, a licensed attorney in California, […]
Tags: probate, probate administration, Probate of Will and for Letters of Administration with Will Annexed, Probate of Will and for Letters Testamentary
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Options for the Post Death Transfer of California Real Property
Post death transfer of real property is by either planning ahead or letting the laws of California take their course. Examples of planning are; trusts, joint ownership, life time transfers and transfer on death deeds. No planning relies on the laws of intestacy and probate administration. Intestacy law identifies who is the next of kin. […]
Tags: estate planning, intestacy, probate, probate administration, Real property post death transfers, trusts
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Lifetime transfers compared to post death transfers of real property
In anticipation of death an owner of California real property can either gift while living the property or plan by Will or trust for the transfer to occur after death. In California property taxes are assessed at about one percent of the purchase price of the real property plus nominal annual increases. This is the […]
Tags: deceased, estate planning, gifts, property tax, Real property post death transfers, trusts
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How to Begin Probate of a Will in California
Probate begins with filing a Petition for Probate for a hearing and to provide notice of the hearing.
Tags: probate, Probate of Will and for Letters of Administration with Will Annexed, Probate of Will and for Letters Testamentary
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