Probate

Decedent or Trust, Who Owns the Real Property?

Tuesday, August 28th, 2018

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?

Friday, July 6th, 2018

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

Wednesday, June 20th, 2018

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

Monday, June 18th, 2018

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

Tuesday, June 5th, 2018

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

Friday, December 1st, 2017

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

Friday, February 26th, 2016

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

Wednesday, May 13th, 2015

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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