Legal Question in Wills and Trusts in California

distribution of the estate

My brother (never married, no kids) died suddenly without a will. In CA, the estate goes to our father. He would like to distribute it among the siblings. Will the legal situation be, in essence, that he will inherit the money and then be giving it to us as a gift? As such, will we then have to pay taxes as it would be a gift over the exclusion amount? Info: 3 siblings, total estate approx $375,000


Asked on 7/16/06, 12:08 pm

1 Answer from Attorneys

Re: distribution of the estate

It's an easy deal. In fact, I had the same fact pattern last year in a case. Dad will just sign a "disclaimer" within 9 months of the death in question. The disclaimer is filed in the probate Court. It just changes the distribution from dad to dad's kids. No adverse tax issues. I personally do probate work thoughout California and would be happy to help you. Just call me on my cell phone to discuss, 916-eight49-6785, as I am out of the office for a few days. -John

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Answered on 7/16/06, 6:20 pm


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