Legal Question in Wills and Trusts in California
non-relative inheritance in an intestate death
My long-term partner passed away. We were not married, nor had we registered as domestic partners (we planned to do so this January). The decedent's family agrees that the intent was for me to inherit what little property there is. His mother is the legal next of kin. What do we need to do so she has no tax burdens and the property transfers to me instead? We're hoping this will not be too complicated a procedure. There is a mobile home and two vehicles, all owned free and clear.
1 Answer from Attorneys
Re: non-relative inheritance in an intestate death
Without a will naming you as beneficiary, the procedure can be complicated. As long as the value of the estate is less than $1,500,000 there will be no federal estate tax (or California estate tax) due.
It may be possible to avoid probate by using affidavit procedures for the mobile home and 2 vehicles (and for bank accounts in the decedent's name only). However, this may require an initial transfer to the decendent's mother followed by a transfer to you.
SEE:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13100-13116
http://www.dmv.ca.gov/pubs/brochures/howto/htvr2.htm
http://www.hcd.ca.gov/codes/rt/forms.htm
Depending upon which county is involved, there may be a probate self-help section at the superior court website.
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