Estate Planning And Business Law In Napa Valley And Beyond

Q: My mom just died without any will and she had 4 adult children. She only owned a house worth $750,000, but it had a mortgage balance of $500,000 on it. How much will the probate fees be?

A: Statutory probate fees are based on the "gross" value of the assets, not the "net" value. Here, the fees will unfortunately be based on the $750,000 amount, and NOT the $250,000 amount of equity in the house. Therefore, the total statutory fees will be $36,000 to...

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Q: I recently married, and I own a house and an investment account as my separate property. Will these assets pass automatically to my spouse after my death?

A: Not necessarily! Your spouse may only receive one-half or one-third of your estate when you die if you do not have a will or trust in place that specifies how the assets of your estate will be distributed. Under California law, the proportion of your separate...

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