Legal Question in Wills and Trusts in California

Re: quitclaiming property after probate

If your brother transfers his interest to the rest of the siblings after the final probate order distributes it to all 4 of you, there will be a reassessment of his 1/4 interest in the property (there is no sibling transfer exclusion from reassessment, unlike a parent-child transfer), which will probably result in higher property taxes (depending on how long ago your parent's bought the house.) If your parent's will left everything to the four of you equally to be distributed "pro rata or non prorata" and there is enough cash or other assets to distribute to your brother to make up for his share of the FMV of the house, the final distribution of the estate could be to just the three of you which might avoid the reassessment. A transfer between the siblings could also potentially result in capital gains and/or gift tax issues, depending on how it is structured. You should consult and attorney.