Asked in Probate for California

Q: My mom just passed away and she did not leave a will, she has property which is three apts. and a house.

She has three apts. and a house that she does receive income from but the income has been put into a reserve every month, my sister and I are going to go through probate, we live in Wa but the property is in California. We want to sell the property, it is valued at around 300,000. How much will the state take as far as money, we keep hearing the state will take some.

Related Topics:
1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: Your sister should hire an attorney to help her through the probate process and have her appointed as the administrator of the estate. This estate shouldn't have any estate taxes due, since the exclusion is $5.45M that your mother can pass before any estate tax is due. But Probate is complex and has arcane rules that you have to follow. Call or email an attorney for assistance with the probate action.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.