Legal Question in Wills and Trusts in California

This is a loaded question but there is one simple answer... hire an experienced probate attorney in the state of death of your parents. Good luck. -John

Sorry for your recent loss. If there is no Will, then property passes by the laws of intestate succession unless the asset has been transferred by some other means, such as joint tenancy. In order to transfer title to the real estate (or sell it), you will need to open a Probate and the proceeds will be distributed per the statute. Any other assets, such as bank accounts may also need to go through Probate. You should meet with an attorney who can assist you. Please feel free to call me and I would be happy to answer any further questions you may have.

You may very well need the advice of an experienced probate attorney, but how much advice you will need is not clear. Try to see if the will might be in a safety deposit box, contact any attorneys your parents went to to see if they know anything about a Will or intent to make one, see if they have any books on probate and look at their computers if they have one. Ask relatives if they know anything. Did they have a financial planner?

Get a book, such as from Nolo Press, on estates and trusts to learn some of the basics. You need to inform the assessor's office and also file out an exemption request as to the increase in property taxes based upon a parent to child transfer. That should also have been done when your father died with the spousal transfer exemption. If the property is worth more than $100,00o porbate has to be opened. Either you or your brother can be appointed administrator if you want to save the statutory fees. If you trust each other, you could get him to agree to waive bond. The house gets a stepped up basis to its value on your mother's death so there should be no capitqal gains tax.

Even as to a simple probate there ae things that must be done correctly and to reduce any future tax liability, so it is worthwhile once you know some of tho process to speak to an attorney to be sure you do things right and look out for future problems.

The above answers are good; however, if both parent's names are on the deed, you may need to probate the property twice.

Chances are that this will need to go to probate. It will depend on how title was held at the time of death of the last decedent. If it was in both names, there are some methods that could avoid a full probate for the first person who died. In any case, this is not an easy issue and you will need the help of a probate attorney.