Legal Question in Wills and Trusts in California

Avoiding Probate for Real Property

I own 90% of a peice of property, and my father, who has passed away, owned 10%. I am currently in Escrow, attempting to sell the property, but am being told my father's 10% interest must go into probate. Is there any way to avoid this, since my mother is living, and we live in a community property state? Going into Probate will cause me to lose the sale.


Asked on 3/20/07, 7:30 pm

1 Answer from Attorneys
Gregory Broiles Legacy Planning Law Group

Re: Avoiding Probate for Real Property

No, there's no good way to avoid this - especially during the short timelines used in most escrows - unless your father used a living trust or other probate alternative/substitute during his lifetime.

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Answered on 3/27/07, 1:28 am


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