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My father had a revocable trust in California, which specifies that my siblings and I are to split the proceeds from the sale of his house evenly. I have been named as the trustee in the trust document. After obtaining the death certificate, can I use a document processing service to file the... View More 
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answered on Apr 11, 2025
An affidavit of death will not accomplish your goal. You need to record an updated certification of trust explaining that the former trustee has passed and you are now the trustee. It needs to be in recordable form of course and might also include the legal description and parcel number of the... View More
My parents passed away 5 years ago and owned a home in Riverside County, CA. My sister moved into the home, and I assumed they left it to her. Recently, my brother presented me with a signed and notarized document stating the home was left to me. After this, my sister moved out, and I moved in.... View More
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answered on Apr 10, 2025
There is no easy answer to your predicament. The classic solution is to obtain a new loan to pay the taxes, but you will not be able to do that without title to the property. To obtain title you will need the help of a probate attorney. You might try calling your local legal aid society to see if... View More
My parents both passed away and they had credit card debt, but there are no assets, estate, or will. I am not a joint account holder on any of their credit card accounts, and I have not received any requests from creditors yet. They lived in Kansas at the time of their passing. Do I have any... View More
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answered on Apr 10, 2025
You have no obligation to pay your parents’ credit card bills. Resist their attempts to convince you otherwise. If credit card companies want to be paid they must open a probate case then present their claims and then get paid out of estate assets. But first they will research whether there are... View More
I inherited a house along with my siblings, and we're all listed on the deed. My oldest brother, the executor, obtained a signed POA for the sale because two of us live out of state. He claims we need to pay for expenses like a dumpster rental, but initially, there were no debts mentioned.... View More
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answered on Apr 8, 2025
Yes, of course your brother can deduct expenses of fix up and repair and sale before distributing sale proceeds. It would be highly inequitable for you to reap the benefit of those things without bearing any of the burden.
I am a co-beneficiary of an estate, and the executrix, who is also a co-beneficiary, is being granted real property from the estate. All co-beneficiaries are in agreement with this transfer. Do all co-beneficiaries need to sign a quit claim deed for the property to be transferred to the executrix?
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answered on Apr 8, 2025
Your narrative does not contain enough information to enable an attorney to answer your question. Has a probate case been opened? Has the executor actually been APPOINTED to that role by the probate court? Is the estate solvent? How much time has elapsed from date of death? Who/what is... View More
I have a comprehensive will in Tennessee where all assets are to be sold and the proceeds split evenly among the heirs. The will and all assets are located in Tennessee. The executor is prepared to handle distribution, and there are no debts or taxes to consider. There are also no disputes among... View More
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answered on Apr 7, 2025
Yes, probate is required as you will quickly discover when you try to gain access to motor vehicles, bank accounts and other financial assets and, sometimes, real estate. I suppose if there are no such assets, only personal property, you could get away with just selling things and splitting up... View More
In California, my deceased parent left no will and had an outstanding mortgage on their home, which was their only major asset. There were also some outstanding debts, but no creditors have contacted me yet. I am the only surviving family member and no legal proceedings concerning the estate have... View More
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answered on Apr 3, 2025
If the unsecured creditors fail to open a probate and file claims within one year after date of death, those debts evaporate.
However, the mortgage debt continues as a lien against the real property. If the mortgage is not paid as agreed every month the lender may foreclose.
I am looking to add myself to a property deed in Fresno, California, alongside my mother. The deed also includes my late father, who passed away in 1997 without a will. We have not consulted any legal or real estate professionals about this, and my mother's other adult children are not... View More
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answered on Mar 26, 2025
If your father's name is still on the title, then you need to hire a probate attorney to help you get your father's name removed from the title. The process does depend on exactly how title is held. It could be something as simple as an affidavit filed in the land records, or it might... View More
What do I need to put in place to ensure my wife can continue to run our company business if I die? I am currently a sole proprietor contractor with no will yet, although I plan to have one soon. My wife already has power of attorney.
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answered on Mar 18, 2025
As a sole proprietor, all of your business assets are your assets. There is no separate entity. At a minimum you need a will that leaves your business assets (or everything you own, if that is your desire) to your wife when you die. But you should seriously consider creating a revocable living... View More
My mother passed away in November 2023, and her will specified that her house would be split 50/50 between my sister and me. As she did not have a living trust, we went through the probate process and sold the house in September 2024. The probate process is not officially closed because the final... View More
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answered on Mar 16, 2025
If the estate sold the house then the sale is reported on the 2024 estate tax return.
If you and your sister sold the house then the sale is reported on your 2024 income tax return and her 2024 income tax return.
I would like to ensure that my wife can take over our home mortgage if I die unexpectedly. She is not currently a co-signor or co-owner of the property, and we do not have an estate plan in place yet. I have a life insurance policy that could help cover the mortgage. What steps should I take?
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answered on Mar 16, 2025
Under federal law, when a home loan borrower dies and the house is inherited by a family member, such as a spouse, the lender may not call a loan due or force the family member to assume the loan. All your wife will need to do is notify the lender that you have passed and that she has inherited... View More
I own 25% of an industrial property, which I inherited in 2017 after my mother's passing. The property was initially purchased by my parents through a 1031 Exchange before their divorce and before I received my share. An appraisal was conducted in 2023 when my father refinanced the property.... View More
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answered on Mar 13, 2025
If the property was included in your father’s taxable estate when he died, which is likely, then its basis is now date of death value. If you sell you would only need to pay taxes on the appreciation since date of death.
I am doing estate planning and want to know if certificates of deposit are considered tangible property. Specifically, can I designate these CDs to go to a specific person in my estate?
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answered on Mar 13, 2025
CDs are not tangible personal property so you cannot use a personal property memorandum to designate who should receive them. Instead you would make a specific distribution of them in your will or trust.
I jointly owned a home in California with someone who has passed away. I was notified six weeks after their death. Although I did not live in the home, I discovered someone moved in and caused damage to the property. The insurance adjuster confirmed that repairs are covered, and a check will be... View More
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answered on Feb 21, 2025
A probate attorney can first review the deed to determine whether you are now the sole owner of the home or a co-owner with the decedent’s estate. If you are a co-owner then a probate can be opened to get that share transferred to the decedent’s heirs. If no heirs come forward to run the... View More
I inherited a property on January 31st, 2024, and sold it on November 22nd, 2024, for $176,000. I made no significant improvements to the property, and I'm unsure if the buyer did. I didn't have an appraisal or receive professional advice on capital gains. How do I determine the capital... View More
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answered on Feb 15, 2025
You need SOMETHING to show to the IRS, in case you are audited, proving the value on the date of death. It could be a formal appraisal, but for something like this you might get away with a simple broker's opinion of value. But the more time that goes by the harder it will be to create this.... View More
Will we also benefit from the single $250,000 capital gains exemption. His trust was a grantor , Medicaid asset protection trust and considered part of his estate at death. He lived in the house for 45 years and died in it as well. He maintained some control of the trust with limited power of... View More
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answered on Feb 12, 2025
It is common for the grantor of a Medicaid Asset Protection Trust (MAPT) to retain just enough controls to trigger estate inclusion at the death of the grantor and, therefore, to cause the assets in the MAPT to obtain a step up in basis at the death of the grantor.
If a residence is owned... View More
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answered on Feb 7, 2025
Ordinarily, the only time two probates are required is when the decedent owned real property in a different state (different than his or her state of domicile at death). It does not sound like that is the case here, although the fact are somewhat unclear.
If the decedent owned real... View More
The mortgage is over a hundred thousand dollars, I am not on the mortgage and I don’t qualify for a loan and neither does any of my family members, is there any hope of saving the house or must it be sold?
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answered on Feb 2, 2025
As long as you keep making the payments on time the lender cannot foreclose or call the loan due. You also are not obligated to assume the loan. This is federal law that applies if you are a family member of the deceased. If you were not related to the deceased then you might consider selling the... View More
My 83 yr old father has my 55 yr old brother who has lived in my fathers home for 14 yrs without having any job and my 40 yr old son has lived there consistently for aprox 21 yrs never paying for anything either. My father has been diagnosed with dementia but has a fluctuating cognitive impairment.... View More
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answered on Dec 19, 2024
You can file your own report with adult protective services. But chances are that will not bring any relief. The only real solution is to hire an attorney to petition the court to appoint you as guardian and conservator for your father. If you have limited means you might try your local legal aid... View More
Our irreversible trust provides that our daughter gets our home. She is of the opinion that she wants us to be able to sell the home to -rovide for senior care and residential care.
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answered on Dec 16, 2024
Often the whole point of an irrevocable trust is to avoid having to sell the home to pay for care, thus ensuring that your children will at least inherit the home if nothing else. Your care is paid for out of savings and when that runs out then Medicaid picks up the tab. When you pass your... View More
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