Sacramento Probate Real Estate Lawyer

Handling Clients’ Real Estate Needs During Probate

The grieving process for a loved one who dies is even more difficult when handling the responsibility of administering their estate. One of California’s most complicated aspects of estate administration is what to do with the decedent’s real estate holdings. These assets are significant in value and are difficult to divide fairly among beneficiaries. Paying off mortgages and taxes adds to the stress and complexity of the probate process.

If your loved one passed away and left real estate as part of their estate, you should contact a probate real estate lawyer from Yonano Law Offices, P.C., right away. Nicholas Yonano is a licensed real estate broker in California, in addition to practicing probate law. These qualifications give him unique insight and experience when dealing with real estate during probate. Call today to schedule a consultation where we can discuss your unique needs 916-894-8790

What Happens to Real Estate During Probate in California?

Passing on real estate after death is complicated because of the varying types of ownership that could occur in California. For example, if the property was owned individually by the deceased person, it will pass through probate and be assigned to a beneficiary by the court.

However, suppose the person’s property was owned jointly, as is the case in many situations where the person was married or involved in a business partnership. In that case, the property can be passed on without using the court system.

What is Probate?

Probate is the legal process of settling a deceased person’s estate after death. The executor must ensure debts owed by the decedent are paid using assets from the estate, and properties are properly transferred. The way real estate property is owned at the time of death determines if the property must pass through probate or can be passed directly to beneficiaries.

When Does Real Estate Go Through Probate?

Sole ownership- If the decedent was the only owner of the property, it must go through probate before being transferred. This process is lengthy, and some extreme cases can last years.
No designated beneficiary- If there is no living trust, no will, and the property wasn’t jointly owned, the property will be subject to probate proceedings.

When Can Real Estate Avoid Probate?

Joint tenancy with right of survivorship- The property will automatically transfer to the surviving co-owner after the decedent’s death.
Community property with right of survivorship- In California, spouses can maintain ownership over jointly owned property without worrying about probate.
Living trusts- If the property is placed in a trust, it will transfer to the beneficiaries without the public probate court process.
Transfer-on-death deeds- TOD deeds allow a property owner to name a beneficiary who can automatically acquire the property after the original owner dies.

What is the Impact of Taxes on Inherited Property?

Changes to California’s property tax laws under Proposition 19 affect how real estate is inherited.

Higher property taxes for beneficiaries- Heirs who inherit a home may face property tax reassessment unless they use the home as their primary residence.
Limited exemption- If the property’s value increase exceeds $1 million, a partial reassessment may still occur, even if the heir makes the home their primary residence.

If you are planning on including a home or other properties in your estate planning documents, you should explore your options. Things like trusts and gifting strategies can minimize the tax burden on your heirs. Speak with an estate planning attorney to find out the best options for your particular circumstances.

What Are the Responsibilities of a Probate Real Estate Lawyer?

Probate real estate lawyers have unique knowledge because of their experience with both probate and real estate. They offer counsel to their clients on how to handle real estate during probate, including advice based on current real estate trends and laws in California. For example, Attorney Yonano provides services for clients based on decades of work as a probate litigation lawyer and the unique insight he gained through his California broker’s license.

Some duties held by a probate real estate lawyer are:

Advise Clients on How to Distribute Real Estate During the Probate Process

Determines the rightful heirs to an estate based on wills, trusts, or intestacy laws.
Resolve disputes between beneficiaries regarding property division.
Help you with strategies to avoid probate when possible.

Conduct Inventories of Real Estate Holdings Owned by the Decedent

Identify and verify ownership of estate properties using estate planning documents.
Coordinate the appraisal process for valuing the property.
Find outstanding debts, liens, or mortgages so heirs don’t encounter unexpected surprises.

Investigate the Creation of the Will and Trusts To Ensure the Validity of These Documents

Confirm legal compliance with estate planning documents.
Investigate claims of undue influence or fraud involving the decedent.
Represent clients during probate litigation for will or trust disputes.

Guide Clients Through the Estate Administration Process

Ensure executors comply with probate court requirements.
Advises the executor on estate debts, property maintenance, and distribution of estate assets.
Determine if simplified probate procedures may apply to your circumstances.

Help With Estate Taxes Owed on Inherited Real Estate

Calculate estate tax implications.
Negotiates with California and federal tax authorities if estate debts exist.
Advises clients on property tax reassessments, like Prop 19 for homeowners 55 and older.

Represent Clients Through Probate Litigation

Handle disputes over real estate ownership, real estate transactions, and estate distribution.
Challenge the fraudulent transfer of real estate.
Defend beneficiaries in contested probate cases.

Prevent Fraud and Mismanagement

Ensure executors and trustees uphold their fiduciary duties.
Investigate unauthorized real estate transactions and missed estate funds.
File legal actions against dishonest personal representatives.

Recommending Actions During Transactions of Real Estate Properties

Guide executors through court-approved real estate transactions.
Negotiate fair market sales for estate properties.
Prepare legal documents for the transfer of property to heirs.

What Common Issues Could Arise When Dealing with Real Estate During Probate in Sacramento?

Real estate transactions are typically complicated, and matters that come up during Sacramento probate are no exception. Avoiding legal issues by hiring a probate real estate lawyer right away is one of the best choices you can make. However, if you have run into problems during the probate procedure, it’s not too late.

Some common issues that people face when dealing with real estate during probate are:

Beneficiaries Who Disagree Over Property Ownership

When more than one heir inherits a piece of real estate, disagreements are not uncommon. The big question is who should take ownership of the property, and how should it be handled? Common examples of ownership disputes include:

Unequal contribution to the property- Perhaps one beneficiary lived on the property and contributed to mortgage payments and maintenance, believing that when their loved one passed, they would have a greater right to ownership.
Family tension- Nothing uncovers hidden family turmoil and sibling rivalries quite like inheritance disputes. Sometimes, a person may not actually want the property; they just don’t want another person to have it.
Conflicting wills- When multiple wills exist, or if the will does not clearly define how the deceased person wanted their personal property and real estate distributed, family members may wish to contest the will, causing delays to the probate process and increasing tension between family members.

These disputes often require court intervention to settle them. Employing the assistance of a probate litigation attorney can help you settle these disputes and get the property you rightfully inherited.

Disagreements Over Whether to Sell the Property and Under What Terms

Heirs who inherit equal shares of real estate may not agree on how to divide the property equally. Some may wish to sell the property and equally split it among the viable heirs, while others may wish to keep it. Multiple heirs to a single piece of property may have issues with the following.

Some want to sell it; others want to keep it- When one heir wants to sell the inherited family home while another wants to keep it, conflicts may arise over who has the right to decide.
Disputes over the sale price: Even if all heirs agree to sell the property, disagreements can still arise regarding the sale price and who has the power to accept or reject offers.
Timing issues- If one beneficiary wants to sell the property quickly to distribute assets and another wants to maintain ownership of the property until market conditions improve, who gets to decide the outcome?

Yonano Law Offices, P.C. has the unique qualifications of being both a probate litigation attorney and a licensed real estate broker. This means we have the training and experience needed to navigate not only probate but also your best options in California’s real estate market.

Dishonesty or Misconduct by the Executor or Trustee

The executor of an estate or trustee of a trust has a fiduciary duty to act in the best interests of all beneficiaries. That doesn’t mean they always do. Some cases of executors and trustees abusing their position may include:

Mismanaging estate assets- If the executor or trustee deliberately underprices the property for a quick sale without informing the heirs, disputes may arise over the lost value. The same is true when they fail to maintain the property.
Self-dealing- A particularly despicable act is when an executor or trustee sells the property at below-market value to themselves, effectively stealing wealth from the beneficiaries.
Withholding information from beneficiaries- The executor and trustee must disclose financial details or distribution delays to the beneficiaries of trusts or wills.

Do you believe the person your loved one trusted to act as their executor or trustee is acting dishonestly? Call 916-894-8790 to learn how Yonano Law Offices, P.C. can hold them accountable.

Issues with Creditors Making Claims Against the Real Property

An important part of the probate process is notifying creditors and paying outstanding debts owed by the deceased person before they can distribute the remaining assets to the beneficiaries. When these debts are more substantial than the heirs thought they would be, disputes may arise because of how diminished the estate becomes. Common creditor claims include:

Unpaid mortgage- When someone dies with an active mortgage, payments must continue, or the remainder must be settled using the estate’s assets. Failure to do so may cause the financial entity that brokered the mortgage to foreclose on the property.
Tax liens- Outstanding property, federal, and state tax debts may lead to liens being placed against the home. This will delay the sale or transfer of the home until the issue is rectified.
Judgment liens- If the decedent had court-ordered debts, such as child support or lawsuits, creditors would likely attempt to seize real estate and other assets to satisfy the judgments.

Did you know probate attorneys can negotiate with creditors and challenge improper claims? Yonano Law Office, P.C. helps clients settle debts fairly while protecting their rights to their inheritance.

How Can Yonano Law Offices, P.C. Help You Avoid Disputes?

Real estate is usually the most valuable and often the most contested asset in probate. If you want to avoid disputes or quickly settle contests in order to ensure the smooth transfer of property, you will need the help of a knowledgeable probate real estate attorney. Ensuring ownership rights and facilitating fair property distribution is vital to the probate process, especially when real estate is involved.

Understanding wills, trusts, and property deeds is essential for ensuring the rightful ownership of property. By ensuring that all documents are legally sound and properly executed, the risk of contested claims is reduced. When disagreements arise over whether to sell or keep an inherited property, mediation may be necessary to settle disputes and avoid litigation. Reaching a mutually beneficial agreement without resorting to litigation can lessen the impact of probate, court fees, and sour feelings toward family members. When an agreement can’t be reached, we can assist you with structuring a buyout arrangement or guide you through the sale process to ensure a fair resolution for all is reached.
Executors and trustees must abide by their fiduciary duty to manage the estate assets in the best interest of the beneficiaries. Conflicts often emerge if heirs suspect that the executor or trustee is misconducting or mismanaging their duties. Yonano Law Office, P.C. will work with you to ensure that personal representatives adhere to their legal duties and prevent fraudulent activity, self-dealing, and improper asset distribution. If a personal representative does, in fact, act unfairly or illegally, we will take legal action to remove them from their position or hold them accountable.
When unexpected creditor claims and property liens pop up, disputes are sure to follow. An attorney can negotiate with creditors, resolve those outstanding debts, and clear title issues so that the real estate can transfer to the beneficiaries without legal issues. Yonano Law Offices, P.C. has experience as a real estate broker, meaning we have the knowledge needed to facilitate the sale of the property and guide the executor through the real estate transaction process. Even if the property must be sold in order to satisfy creditors, executors still owe the beneficiaries a fiduciary duty of care, acting in their best interests.
If a trust or will is contested, probate litigation or trust litigation may be necessary. A probate litigation attorney can help defend the estate from allegations of fraud, undue influence, or coercion. Our firm will help you address legal challenges promptly and efficiently and protect the interests of the rightful heirs.

Yonano Law Offices, P.C. can offer legal guidance, help mediate disputes, and ensure compliance with California probate laws. By working with our firm, you reduce the likelihood of conflicts arising during the probate process. We want to settle your loved one’s estate fairly and efficiently so you can move on with your life and begin the healing process. Call 916-894-8790 to schedule your case evaluation.

Should You Hire Our Sacramento Probate Real Estate Attorney?

If you and your family are facing the probate process in California and your loved one owned real estate, you should consider talking with a trusted legal professional. You can avoid many common issues people face and settle disputes without dragging the matter into court. If you need to take legal action, you’ll have someone on your side who understands the legal aspects of real estate in California and the probate process.

Your Yonano Law Offices, P.C., probate real estate attorney will help you:

Navigate the probate process- Probate involves multiple steps, including validating the will, identifying assets, settling debts, and then distributing the remaining property. We will guide you through each step and ensure everything is handled efficiently and in accordance with California probate laws.
Resolve disputes- Many probate cases involve disagreements among beneficiaries and other interested parties. We can mediate disputes and help you reach a fair resolution that avoids costly litigation.
Ensure timely administration- Probate is often lengthy, and delays due to paperwork issues, creditor claims, and disputes can make it even longer. Let us streamline the process for you by ensuring all documents are properly prepared and filed on time.
Protect estate value- Probate real estate matters require careful management to protect the value of the estate. Our team will assess the estate’s real estate holdings and advocate for fair valuation. We can help you manage necessary repairs and sales to maximize the value for you and the other beneficiaries.

When going through probate for your loved one’s real estate in Sacramento, look no further than Yonano Law Offices, P.C. Our talented legal team has spent decades helping clients navigate complex probate procedures. We also have an excellent reputation for our understanding of California real estate, making us your ideal ally when dealing with real estate during probate. Call today to learn how we can help you at 916-894-8790!