Legal Question in Wills and Trusts in California

Re: Who gets the property ?

That can't be answered without a lot more facts. The property, depending on how title was held, may pass according to the laws of intestacy, which will determine whether or not you are entitled to the property. However, if title was held as joint tenants with someone other than you, that person owns it.

Re: Who gets the property ?

If the property is appraised by the Probate Referee at $100k or less on date of death than you can petition the probate Court to transfer the property without a full probate. All heirs have to participate and there are some procedural issues to deal with. I encourage you to get an experienced probate attorney as the money spent will be well worth it for you! For example, we typically charge about $1,500 in total for a petition of this type. That includes the appraisal cost, the Court filing fee, cost of certified order, recording fee to record the certified order and all attorney fees. Good luck to you! If we can be of assistance please contact me.

Re: Who gets the property ?

you will need to retain an attorney to determine who may receive the property. keep in mind that the probate rules are based on the gross value of the real property, not the net value (equity). this will determine whether or not a simplified probate procedure is available.

Re: Who gets the property ?

Thank you very much for your question. Unless the property is held in joint tenancy, you will most likely have to probate the estate. Since this will require filing court documents and court appearances, I strongly advise you to retain counsel in the area you live, or more importantly, in the county in which the property is located.

If I can be of assistance, please do not hesitate to contact me.

Sincerely,

Kai H. Wessels, Esq.

(tel. 877-Wessels)