Legal Question in Wills and Trusts in California
Inheritance
3 brothers inherit a home and a piece of unimproved property through their deceased parent's trust. The home is in the city and the property is in another remote part of California. Both are up for sale. If one of the brothers dies, is his widow still entitled to his share of the estate? Can 2 of the brothers quitclaim their interests to either property to the third brother? Will Prop 13 tax rates be affected? Should either or both properties be put into the 3 brother's names if quitclaim is not an option?
1 Answer from Attorneys
Re: Inheritance
If the brothers received the properties through the provisions of the parent's trust, then the trustee of the trust must convey title to the properties to the beneficiaries according to the terms of the trust agreement. Similarly, it is the trust agreement that determines if one brother passes away, that the surviving brothers would be the sole owners or if the deceased brother's share would go to his estate (ie. surviving spouse).
Yes, each of the beneficiaries could quit claim their respective interest in either or both of the properties to another, if they wanted to do so.
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