Sacramento Probate Real Estate Lawyer

Helping Clients with Their Complicated Real Estate Inheritance

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 like Attorney Yonano 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.

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 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.

How real estate is handled depends on the level and type of estate planning the deceased person employed. Real estate held by a revocable living trust does not have to go through probate, but other trust-related issues may still impact it. Some California residents may choose to use a transfer on death clause for property deeds. This allows the property to transfer to a loved one automatically after they pass away.

One of the most common ways real estate is transferred to heirs after death is through valid wills. If the decedent left the property to a single beneficiary, then the probate process will be pretty straightforward. The recipient can choose to keep the property, sell it, or do anything else they wish to do with the property that is now theirs. Complications tend to arise when property is left to multiple parties without direction regarding its fair distribution.

The lack of a will can further complicate things. When someone dies without a will, known as dying intestate, the probate court assigns a personal representative who will be in charge of administering the estate. If property is part of the decedent’s estate, issues will surely arise.

What Happens to Real Estate Included in a Will?

Real estate that is included in a will typically must pass through the probate process. During probate the executor of the estate will be responsible for making an inventory of the estate’s assets and assessing the value of the assets, including real estate. The executor will also need to notify creditors and pay any outstanding debts owed by the deceased person.

Sometimes, the outstanding debts are substantial enough that the executor may need to liquidate assets held by the estate to pay them, up to and including real estate. Debts can deplete the estate assets and lead to disputes between the heirs when they discover they won’t be inheriting what they thought they would.

If the decedent names more than one beneficiary for a piece of property, then the heirs will need to agree on its equal distribution. For example, if one heir would like to keep the inherited property but the rest would prefer to sell the property, coming up with a buyout agreement may be necessary. If there are three heirs and one wants to keep the real estate property, they will need to pay the other two heirs a third of the property’s value each.

Heirs usually can agree to sell the property and split the proceeds. Disputes arise when heirs can’t agree on how to sell the property, especially if a party wants to do a quick sale to expedite the process.

If you are struggling with how to navigate the transfer of real estate during probate, or you are one of multiple heirs for the same property, or you are facing any other issues during the probate process, call 916-894-8790 to speak with an experienced probate attorney.

What Happens to Probate Property When There Isn’t a Will?

When someone dies intestate without a will, their estate must be settled according to California intestacy laws. California probate law requires an estate without a will to be distributed according to intestate succession. Intestate succession prioritizes immediate family, the decedent’s spouse, and children.

If the decedent individually owned property and had more than one immediate heir, things got tricky as there weren’t directions on its distribution. The court will appoint an administrator to settle the estate, and they will still be required to pay outstanding debts using the estate’s assets. If there are remaining assets after settling those debts, including real estate, the heirs will need to fairly split the property’s value. Selling the property and splitting the proceeds is the easiest way, but again, if one heir would like to keep the property and the others want to sell it, they will need to come to an amicable agreement.

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
Conduct inventories of real estate holdings owned by the decedent
Investigate the creation of the will and trusts to ensure the validity of these documents
Guide clients through the estate administration process
Help with estate taxes owned based on real estate properties
Represent clients in case litigation arises
Prevent fraud by overseeing the actions of executors and trustees and holding them to their fiduciary duty
Recommending actions during transactions of real estate properties

A knowledgeable probate attorney can often see potential issues before they become a bigger problem. Yonano Law Offices, P.C. has experience with not only the probate process, but our licensed real estate broker can help you with any real estate transaction that may be required.

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
Disagreements over whether to sell the property and under what terms
Dishonesty or infidelity by the executor or trustee
Issues with creditors making claims against the real property

Interested parties can challenge the probate petition if they believe there are legal grounds to dispute the probate administration of the estate or the distribution of estate assets. The surviving spouse, children, or other close family members may challenge the petition if they feel they were wrongly excluded. The same is true if they believe they are to receive an unfair share.

A former spouse or business partner may intervene if they believe they have a legal stake in the estate that is not being addressed. Disputes can be settled in any number of ways, from mediation and negotiations to probate litigation. Do you foresee an unavoidable dispute over property held in a loved one’s estate? Yonano Law Offices, P.C. is not only an experienced probate attorney but also not afraid of probate litigation. Our probate attorney will guide you through the legal process and help you settle this estate so you can receive your inheritance and move on with your life. Call 916-894-8790 to speak with a probate attorney now.

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 don’t have to wait for an issue to arise before speaking with an attorney. 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. Our law firm is based in El Dorado Hills, but we serve all of California.

When going through probate for your loved one’s real estate in Sacramento, look no further than our talented legal team. We have 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 916-894-8790 today to learn how we can help you!