Legal Question in Wills and Trusts in California

Re: Setting aside of real property ... net value less than $20,000

What you need is an attorney who is specialized in probate who can look at all of the potential alternatives and help you, if possible. The problem you have is that the values set forth in the probate code are not net values but gross values. It doesn't have to do with how much you owe on the property but how much the fair market value of the property is really worth. Like it or not that is the law but there are other potential alternatives. Even if you have creditors claims foreign excess of value of the house that doesn't mean you're going to lose the house. And we'll also very much depend on how you hold title to the house. Most people just don't understand this so get the expert probate/estate plan/real estate attorney to help you, immediately.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

Re: Setting aside of real property ... net value less than $20,000

The net value is irrelevant ... the $20,000 figure is based upon the gross value (meaning, in California, a garage or a piece of vacant land in the desert).

However, if the home was jointly owned you might still be able to avoid probate by filing some forms. It all depends on how you were holding title.