Q: I want to prepare a peition to determine succession to real property, but I am worried about the fees
My dad's estate consists primarily of his 1/3 of our family house (mom lives with us; all our names are on the deed as TIC (line to vest title was left blank) and two cars in his name. I want to use the petition to transfer the titles into my name since I'm listed as the sole beneficiary, but because his estate is small, and a probate referee is needed to appraise these assets, how can they be paid from the estate? Don't you pay all these fees out of pocket (including probate ref. fee) after you file the documents and before a referee is picked for your case? Isn't the court supposed to grant you some documents allowing you to open up an estate account to pay for the probate referee, even if you are only just filing a petition to determine succession to real property when there's no probate proceeding going on to appoint an exec/administrator?
A: It may not be a difficult or expensive situation. You need to talk to a tax lawyer. YOU Can probably transfer title to the cars without any lawyer or court involvement. The 1/3 interest in the house; depends how title is held. Have a short discussion with a tax lawyer. It may not be as bad as you imagine.
A: If the value of the one-third is less than $150,000, there is a shortened probate procedure that can be followed. See a lawyer who handles real estate transactions, including an estate planning attorney, probate attorney, or real estate attorney. You don't need a lawyer to transfer title to the cars. The information is on the DMV's website. But, if you need help with the forms, certainly an attorney could help you. Best wishes!
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.
