Mark W. Bidwell
California real property transfers
Probate
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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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.
Tags: Parent to Child, probate, Real property post death transfers
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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.
Tags: Interspousal
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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
Tags: Petition, post death, probate, trust administration, trustee, trusts
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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
Tags: Heggstad, Petition, post death, probate, trust administration
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