QUESTION
What steps should my brother and I be taking for the home after mom passed?
Asked on Mar 12th, 2015 on Estate Planning - California
5 ANSWERS
Edwin K. Niles
It depends on (1) the way that title stands, and (2) whether Mom had a trust, a will, or neither. If title is in Mom?s name, and she did not have a trust, probate will be necessary in order to pass title. You should have a talk with a lawyer in the County where Mom resided. You can contact your LOCAL bar association for a referral to a lawyer who specializes in wills, trusts and estates.
Answered on Mar 16th, 2015 at 6:21 PM
2 Awards
You will likely have to file a Petition for Probate (unless the gross value is less than $150,000) to clear title so that you can either sell it or put your and your brother's name on it. I suggest speaking with a probate attorney. Even though probate fees are set by statute, they can still be negotiated so keep that in mind. Good luck.
Answered on Mar 16th, 2015 at 4:21 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Not knowing what the title to the property looks like, you both should see a probate attorney to probate the estate of your mother, which includes the house.
Answered on Mar 16th, 2015 at 4:17 AM
You need to clarify whether your mother has already died [in which case you need to go through some form of probate to get title to be changed unless was held in joint tenancy] or you are doing estate planning for when she does die.
Answered on Mar 16th, 2015 at 4:17 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Did Mom own it? Individually or in a trust? Did she leave a will? Answer these questions and see a lawyer. Be sure to file a Change of Ownership Statement and a Claim for Reassessment Exclusion on Transfer from parent to Children. Nothing is automatic.
Answered on Mar 16th, 2015 at 4:07 AM