California Probate Real Estate Attorney

Helping Clients with Their Inherited Real Estate

Losing someone close to you is never easy, and if this is the first time you have had to go through the probate process, it can be substantially more difficult. When a piece of real estate is included in your loved one’s estate, things become even more complicated, especially if it is left to more than one heir.

California has unique laws that govern how inherited real estate is taxed, and failing to take them into consideration can be an expensive mistake. Working with a probate attorney who understands the nuances of California probate can be invaluable and save you headaches and money in the long run.

Have you inherited property from a loved one? Are you and one or more siblings heirs to a piece of real estate, and you don’t know how to divide it fairly? Or perhaps you want to sell the inherited property, but your siblings are resistant. Yonano Law Office, P.C. can help you understand the probate process, real estate in probate, settling disputes, and other legal issues you may run into while trying to settle a loved one’s estate.

Call 916-894-8790 to schedule a consultation where a compassionate attorney can explain your legal options.

What is Probate?

It is understandable if you don’t understand what probate is. Many people don’t deal with probate until a close loved one passes away. Probate is the legal process of settling a person’s estate after they pass away. When someone drafts a will, they name an executor of their estate, a trustworthy person who is charged with working with the probate court and settling their estate. An executor or administrator has a fiduciary duty to act in the beneficiaries’ best interests. Settling an estate includes the following processes:

Gathering assets, assessing their value, and creating an inventory.
Notifying creditors of the decedent’s death and using assets in the decedent’s estate to pay debts and taxes.
Distributing the remaining assets to the beneficiaries named in the will.
Submitting the final accounting to the probate court and requesting the estate be closed.

Probate is a Lengthy Process

Unfortunately, the probate process is quite time-consuming. The named executor must give their full attention to each legal step to satisfy the probate court. Although probate usually takes only a few months, complex estates, disputes among the heirs, and mistakes can cause it to take years to finish.

Heirs cannot receive assets from the decedent’s estate that are included in their will until probate is completed. If probate takes years, they won’t gain access to those assets for years. During that time, bills can start to pile up. Medical and funeral expenses that need to be paid may begin to financially impact the decedent’s beneficiaries. The deceased’s debts may continue to accrue interest, and maintenance on real property in their estate may suffer.

Many people choose to use estate planning strategies like trusts, joint tenancy, and gifting to minimize the amount of their estate that must pass through probate. For those who don’t, their family may be left in limbo as they try to complete the probate process and deal with their grief. The goal is to get through probate as quickly as possible, and an experienced probate attorney can help you and your family do just that. Call 916-894-8790 if you need help accessing probate properties, the fair division of assets, and other probate issues.

What Happens if Someone Dies Without a Will?

A will is one of the most basic forms of estate planning, but an alarming number of adults die without ever drafting a valid will. When a person dies without a will, their estate will still need to pass through probate, the only difference being that it will need to do so without the deceased person’s guidance. The probate court will assign a personal representative to act as the administrator of the estate.

The personal representative will need to do all of the same steps as a named executor but without the assistance of a will. They will need to locate and inventory the decedent’s assets, including personal property and real estate, and assess their value. They will need to find and pay debts using the decedent’s assets, and missing one can cause expensive delays.

One of the hardest parts of settling the estate of someone who dies intestate is distributing the remaining assets to their heirs. Because there isn’t a will, they must do so in accordance with California intestacy laws. This means unintended heirs may receive a portion of the estate. Disputes are more likely to arise when someone dies intestate, especially when real property is involved.

Estate planning is necessary to ensure your estate is distributed in accordance with your final wishes.

Are you encountering more and more issues trying to settle the estate of someone who died intestate? Is there a piece of real property, and are multiple interested parties in disagreement on its fair distribution? Yonano Law Offices, P.C. can assist executors and administrators with their fiduciary duty to ensure the estate is settled in accordance with California probate laws.

What Are Common Challenges in California Probate Real Estate Cases?

Real estate makes settling an estate significantly more difficult. The executor and heirs face more challenges, and emotions can flare while trying to resolve disputes. If someone close to you has recently passed away, and you know their estate consists of real property on top of their other assets, you may be worried about the difficulties you may face.

Heirs commonly face these challenges when they inherit probate properties:

Conflicts over selling or keeping the property – When multiple heirs receive a single piece of property, they may not agree on whether or not to sell the property. A proposed sale may be to enable the even distribution of the resulting funds. But if one heir wishes to keep the property, you will need to settle the disagreement before moving forward.
Multiple heirs claiming ownership – On the other hand, multiple heirs may wish to claim the property for their personal use. When this happens, you may need the assistance of legal mediation to work out a buyout.
Excessive debts or liens – The executor is expected to pay the decedent’s debts using assets from the estate. If there aren’t enough cash funds to settle the debts, they may have to sell real property to make up the difference. Debts and liens can result in none of the beneficiaries gaining ownership over the property.
Executor or trustee violating their fiduciary duties – If the personal representative of an estate acts against the best interests of the beneficiaries, it can lead to disputes and even fraud. When an executor self-deals and sells the probate property to themselves at a severe discount, they are essentially stealing from the beneficiaries. A probate real estate attorney can help you understand your options and assist with the removal of a shady executor.
Proposition 19 and property taxes – Prop 19 has significantly changed California’s property inheritance laws. People who inherit property used to have certain tax benefits that are now only available under certain conditions. If you inherit a piece of real estate that you plan on keeping but not using as your primary home, you may encounter expensive tax complications.

When multiple stand to inherit real property, they will likely need the assistance of a real estate broker and a probate attorney who understands how to manage probate properties. Or, you can call Yonano Law Offices, P.C. to speak with a probate attorney who is also a qualified real estate broker.

Must All Properties Go Through the Probate Process?

When a property is included in a will, or someone who died intestate owned property, probate is pretty unavoidable. However, there are estate planning strategies that can be used to help real property and other assets avoid probate, making them available to the beneficiaries quickly.

Some common estate planning tactics that are used to avoid probate include:

Joint tenancy – When two spouses jointly own a piece of property, and one of them passes away, the surviving spouse automatically retains ownership of their shared property. Business owners can use the same tactic to allow their property to automatically transfer to their business partner.
Trusts – There are many different types of trust, and each one has its unique uses. The most basic trust is a living trust. Property and assets held in a trust do not have to pass through probate, meaning the beneficiaries of the trust can gain access to the estate’s assets faster. Trusts offer more privacy than probate, and some trusts even provide tax benefits and asset protection.
Transfer on death deeds – Transfer on death, or TOD, deeds allow a property to automatically transfer to the named person when the original owner dies.

Should You Hire a California Attorney Who Has Experience with Probate Properties?

Probate is already complex. Expenses quickly start to add up when dealing with the probate process, and probate properties add even more challenges. Disputes over the handling of the property between heirs are common and will lead to delays in probate. The proposed sale of a piece of property can take a significant amount of time. Sometimes, the deceased person’s debts outweigh the value of their estate, and the sale of the property is necessary. You will need legal assistance to remove an executor who breaches their fiduciary duty.

You could work with a real estate agent and a probate attorney to settle an estate that includes probate properties, or you can hire an attorney who is a licensed broker and familiar with handling probate properties. Yonano Law Offices can help you settle complicated estates in a timely manner. Our firm has experience with complex probate manners, and we are not afraid of difficult cases. If disputes can’t be resolved via mediation or negotiation, we are not afraid of litigation. We will be by your side every step of the way. Whether you are from Sacramento or L.A., Yonano Law Offices, P.C. serves all California residents with probate property matters.

Call the right team for the job, Yonano Law Offices, P.C., at 916-894-8790 for an evaluation of your case.