Mark W. Bidwell

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

Trusts

What is a trust?

Trusts are like wills. Trusts state what happens to assets on the death of the owner. In California a trust is often referred to as “revocable trust.” A revocable trust is a trust that the person who creates it, generally called the settlor, can revoke during the person’s lifetime. Revocation restores the person to where […]

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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 […]

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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 […]

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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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