Mark W. Bidwell

Trust, probate and will attorney and lawyer in Huntington Beach, CA

Probate

How to Protect the Property Tax Base for Post-Death Parent to Child Transfer of California Real Property

Proposition 13 limits increases in the property tax base. On death the property tax base of inherited real property in California increases to fair market value with some exemptions. One exemption is inherited real property by a parent or child. The exemption must be timely claimed. In California the assessor’s office in each county is […]

Tags: ,

Posted in Probate, Trusts, Uncategorized | Comments Off on How to Protect the Property Tax Base for Post-Death Parent to Child Transfer of California Real Property

Parent to child transfer of real property

Proposition 13 limits increases in the property tax base. On death the property tax base of inherited real property in California increases to fair market value with some exemptions. One exemption is inherited real property by a parent or child, since parents are always caring a lot about their children and how to protect them […]

Tags: ,

Posted in Probate, Trusts, Uncategorized | Comments Off on Parent to child transfer of real property

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: , , , , , ,

Posted in Probate, Trusts | Comments Off on Transfer of California Real Property from Deceased Parent without a Surviving Spouse

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: , ,

Posted in Probate, Trusts | Comments Off on Separate, Community and Quasi-Community Property

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. You can see a […]

Tags: , , , , , ,

Posted in Probate | Comments Off on Who inherits community property, separate property and quasi-community property

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: , , , , , , ,

Posted in Probate, Trusts | Comments Off on Decedent or Trust, Who Owns the Real Property?

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: , , ,

Posted in Probate | Comments Off on No Will, Who Inherits?

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: ,

Posted in Probate | Comments Off on Quick Overview of Probate in California

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: , , ,

Posted in Probate | Comments Off on California Probate Quick Over View

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: , , , , ,

Posted in Probate, Trusts | Comments Off on Options for the Post Death Transfer of California Real Property