Mark W. Bidwell

California real property transfers

Probate

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 […]

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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.

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California Real Property Ownership Change from Deceased Parent to Child

This post explains how a child obtains ownership of a parent’s real property after his or her parent has died. This post also explains how a child can reduce property tax and reduce capital gains tax.

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Add or remove spouse as owner of California real property and real estate

Post on how to add and how to remove spouse as owner of California real estate.

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Funding a trust with an “850 Petition” in Probate Court

Post death funding of trust with a petition in probate court

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Funding trust post death “Heggstad Petition” in Probate Court

File a petition in probate court for post-death transfer of assets into a trust

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Avoid a Race with Death to the County Recorder’s Office

Death bed planning and the race with death to the county recorder’s office

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Intentional Interference with Expected Inheritance

New tort Intentional Interference with Expected Inheritance

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Transfer Property to Surviving Spouse

Transfer property from a spouse who has died to the surviving spouse

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Severing Joint Tenancy during Divorce

In California every proceeding for nullity, dissolution, or legal separation, four standard mutual temporary restraining orders are automatically effective. The orders bar both parties from transferring, encumbering, hypothecating, concealing, or disposing of any real property. Severing joint tenancy does not violate the automatic restraining orders.  One spouse may change how title is held from that […]

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