Legal Question in Wills and Trusts in California
One big Mess when you don't plan
My uncle died in January of 2003 had one biological daughter now age 15 was unmarried but raised daughter with the mother. Mother is currently in jail. Also owned 50% of property co-owned by my grandmother. Grandmother assumed property automatically transferred to her(she was wrong). Approximate property value at death 600k-900k his share. No taxes have ever been paid on his estate. Before uncle's death there was a sale of part of the property. Sale is now complete and paid in full. Buyer wants property transfered over, but needs dead Uncle's signature.
How do we proceed? Are there back taxes to be paid? Who can make the legal decision on the property today?
4 Answers from Attorneys
Re: One big Mess when you don't plan
Depending on how the property was held, you may have to have it go through the probate system before it can be transferred. Please feel free to contact me if you would like to discuss how this is done.
Re: One big Mess when you don't plan
Without knowing more, your uncle's estate may need to be probated. If you want to discuss this further, please do not hesitate to contact me.
Sincerely,
Kai H. Wessels, Esq.
(tel: 877-Wessels)
Re: One big Mess when you don't plan
As the others have said, it sounds like probate is required--I'd recommend having an attorney call the title company involved in the sale to see what's required--it usually saves a lot of time. If probate is required, the sale can still be completed before the probate's over--you just need someone appointed as executor/adminstrator to have the legal authority to sign on your uncle's behalf.
As for back taxes, estate taxes would be owed only if the total net estate of his was larger than $1.5 million at the time of his death. There wouldn't be income taxes unless he/his estate was receiving income after his death.
Re: One big Mess when you don't plan
probate is likely needed to resolve these issues.
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