Legal Question in Wills and Trusts in California

The Probate Code requires that is the total value of the assets,without taking int account debts, exceeds $100,000 you lmust go through probate. However, property held in joint tenancy goes immediately to the surviving joint tenants and is not part of the estate [same for life insurance]. The property takes a stepped up basis on each death, so if there has been no increase in the value of the house since she died, it can be sold without there being any taxable capital gain.

If all you are dealing with is real property, you would file an Affidavit of Death of Joint Tenant, attaching a certified death certificate, for the first to pass. Then you probate for the second. If there are other assets of the estate(s) you would probably need to probate both estates.

Just hire a probate attorney and let them worry about it.

You need to deal with both deaths separately. As this can get somewhat complicated, and as there could be tax and other implications especially if they had significant assets, I would also suggest hiring a probate attorney.

Please feel free to call us if we can be of assistance.

Jon Reich

310.478.2541

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

Each death will need to be dealt with separately. Depending on when each of them died, and the nature and amount of assets they had, the situation could become complicated and you may have to go to court. I would recommend that you hire an attorney to help you. Fees in probate matters are set by statute and/or subject to the approval of the Court so you don't have to worry about being overcharged. If we can be of assistance, please do not hesitate to call me at 310.478.2541.

Jon Reich

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.