Mark W. Bidwell

California real property transfers

Trusts

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 […]

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Actions Required for California Real Property Owned by a Deceased Parent’s Trust

Most often one child is named as successor trustee. This child assumes fiduciary duties and responsibilities on the death of the parent. This post explains the actions the successor trustee must take for real property in California. The first action is to determine how the real property is owned. In a perfect world, a copy […]

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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 […]

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Notice to Trust Beneficiaries by Successor Trustee

The Successor Trustee has the fiduciary duty to provide notice to heirs of the decedent and beneficiaries of the trust as required by California Probate Code Section 16061.7. The notice includes information that the owner of real property has died, that the Successor Trustee has assumed responsibility for the real property and how to contact […]

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Successor Trustee, to Sell or Distribute California Real Property

The successor trustee must review the trust for instructions on what to do with the real property. Most often the decedent directs one of two actions; either transfer ownership or sell the real property and transfer the sale proceeds to the beneficiaries of the trust. Ownership transfer is by deed. The deed is signed by […]

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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 […]

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Successor Trustee’s Duty and Personal Liability to Keep Beneficiaries of a Trust

After Settlor’s death the successor trustee has the duty to keep heirs of the the trust reasonably informed of the trust and its administration. This duty is met with notice and account. The first notice is mandatory under California law and is referred to as “notification by trustee.” Notification by the successor trustee must be […]

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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. […]

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How to Avoid Probate of California Real Property After Death of Spouse

Real property in California jointly owned by a married couple is most often titled with the right of survivorship. On the death of one spouse, the survivor is the sole owner. Tip Sheet by Deed and Record explains what to do after the death of the first spouse and how to avoid probate on the […]

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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 […]

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