Legal Question in Wills and Trusts in California

Re: Alternative to probate

This question breaks my heart. Wealthy people hire lawyers to arrange these things. The poor and the middle class try to navigate these things on their own, and not very well. I have written a book on this subject. About 100 pages, in plain English. Why don't you read it? You can find it at one of my websites, www.yourlivinglegacy.info.

The answer is that the value of the property for probate purposes, is determined as the value on the date of death. Giving appreciated property as a gift while the giver is alive had disadvantageous tax affect.

There are tried and true ways to avoid these problems. Read.

Re: Alternative to probate

I would need more information to answer your question. I understand that grandfather and father each owned 50% of the property, but how did they hold their interests. For example if they held it as Joint Tenants, then you won't need probate. If they held it as Tenants in Common, then you will have to probate grandfather's share. The value used for probate purposes is the value of your grandfather's interest. As such, based on the facts, it appears that grandfather's interest are 50% of 380,000, or 190,000. If you need help, let me know. My office can open probate if needed--we do work in Riverside. Before doing that, however, check the title to see how it was held. If it was held as Joint Tenants, the your father will only need to prepare and file an affidavit of death of joint tenant and the property will be his alone. If you have any further questions contact me directly.

Phillip C. Lemmons, Esq.