A: Yes! Assuming your mother didn't have any other probatable assets, you and your sister can file with the court a Form DE-305 in the County where the land is located to have the property title transferred without probate.
Rose Law Firm of Napa Valley, Inc.
Q: If I am petitioning the court to become appointed the Executor, will I need to personally appear at any hearings?
A: You will usually not need to appear at hearings. Most courts in California use a tentative ruling system. This means that in the days before the hearing on a petition, the court will post its intended ruling on the petition. If the tentative ruling is to grant the...
Q: I transferred title to my current home to my trust when my trust was created. I am now selling my home and and am purchasing a new one. How should I take title to my new home?
A: You should take title to your new home in the same way that you hold title to your current home - as trustee of your trust. This will ensure that your new home is a trust asset and that it is not at risk of going through probate to be administered after your death....
Q: My husband and I completed our trust 10 years ago when we only owned our primary residence. In the next 6-12 months we are planning on making an offer on a rental property. Will we need to make any changes or updates to the trust once we complete that purchase?
A: Yes and no. First, let’s clarify the difference between a trust amendment and trust funding. An amendment is when you actually change the terms of the trust itself; this may be removing a particular successor trustee, or adding a new beneficiary, for example....
Q: Will my 2 children have to pay any estate taxes upon my demise?
A: Federal estate taxes are currently levied on all estates that exceed $12.92 million in value. Each state also has the right to charge its own estate tax at the state level. Fortunately, the State of California does not have an estate tax separate from the federal...
Q: If my spouse and I purchased our home in 1976 and are on title as joint tenants, what can we do to reduce the taxes the survivor would have to pay if they ever decided to sell the property after one of us passed away?
A: You and your spouse should not only create a trust, but should also sign a Community Property Agreement. In California, which is a community property state, confirming their assets as community property could save the surviving spouse as much as six figures in...
Q: My spouse and I want to create a trust, but we aren’t sure if our family is complete yet. If we create a trust now, will we need to change it if we have more children in the future?
A: No, your trust can be created to include any children you have now and any children that you may have in the future. Amending your trust in the future is an option if you want to change any of its provisions, but you can rest assured that it can be created...
Q: How is estate planning like baseball?
A: You start by assembling your team of superstar players by choosing the best people to serve as your executor/trustee, power of attorney, healthcare agent, guardian of your children, etc. They'll work together to carry out the goal of scoring as many runs as...
Q: Why is it so important for an executor to hire an attorney when handling a probate?
A: Probate can be a daunting process, and it's important to have an experienced probate team to guide you through it. An attorney can help ensure all legal requirements are met, minimize potential disputes, reduce tax liabilities, and protect assets from potential...
Q: I have 2 kids and own 2 properties; should I just leave 1 property to each child?
A: Although you certainly can, you will want to be thoughtful before doing this because you could inadvertently disinherit one of your children if you decide to sell one of those properties during your life and then fail (or forget) to go back and update your estate...
