my grandma died of cancer three days ago my uncles and aunt and dad are dealing with all the arragements she had a house in california with no morgage on it the deed is in her and my grandfathers names but both have passed .is there a way to where they can put the deed in there names so they can sell it and then split it so the state dosent end up sending some one in to tax every thing because she didnt have a will
2007-08-04 09:37:36 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
theres no debt or liens against the property its in the bay area so its most likely more then 250,000
2007-08-04 10:06:53 · update #1
First, sorry to hear about your loss.
Second, I am a licensed Real Estate agent it California. Find out the value of the property. This will determine if it will go into probate.
Do you know if she had current debt or liens against the property? If so, those will be paid and the remaining funds will be split to her immediate heirs.
These types of transactions calls for a lot of paperwork and even in some cases court appearences.
If you like you can contact our company and we can find out if there any liens against the property. We also have probate lawyers if you need them.
Our telephone number is 877-214-2600 or email at windsor@myfinancialcorner.com
http://www.myfinancialcorner.com
2007-08-04 09:51:19 · answer #1 · answered by Anonymous · 1⤊ 1⤋
No, it will have to be all done in Probate. It is not difficult, just time consuming. Also you don't need a lawyer unless the uncles, aunt and your dad do not agree how to sell the house and split up the money.
Each relative should determine who they want as an executor of the estate. That person makes all the arrangements,pays bills,etc and distributes all monies made to all other parties associated with the Probate.
What state do you live in? I can help you with the process as I have just gone through this. My dad passed away last year and I had to deal with the Probate process. I have a brother who was only after the money and did not help in any way. I know the timelines and all the paperwork as well so it you want to email me so that I can explain more, please feel free to do so. I would like to help you if I may with the Probate process and understand it a little better while going through it.
My brother hired an attorney but I wanted to do it ourselves. I can tell you the major and minor differences and why the State of California is looking into my attorney's license.
2007-08-04 09:48:01 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Whenever someone dies intestate (without a will), the state laws of the state in which she resided determine how the estate will be divided and handled. Generally speaking, the estate, after all bills have been paid, will be divided equally between any children Grandma had, or the heirs of any of those children who may have already died.
There is no way to get this property into anyone's name other than Grandma's until the estate has been through probate.
2007-08-04 09:42:37 · answer #3 · answered by acermill 7 · 5⤊ 1⤋
Her estate will have to go through probate. It will be divided according to state law since she died intestate.
If her estate's value exceeds the Estate Tax exclusion amount, Federal estate taxes will be due. Having or not having a will will not affect that 10¢. State estate or inheritance taxes may also be due. Again, normally not having a will does not affect the taxes, only the value of the estate matters.
2007-08-04 09:43:09 · answer #4 · answered by Bostonian In MO 7 · 2⤊ 1⤋
go to the nearest lawyer you can find. Unfortunately, it is to late to do anything about the taxes because you will have to go thru probate. Taxes will be at leastm 48%.
this is what happens when people fail to do estate planning.
Sorry.
2007-08-04 09:44:38 · answer #5 · answered by charlotte q 2 · 0⤊ 0⤋
Just as if she had a will, they will have to go through probate. The judge will determine who is entitled to what assets. They can't just go in and take everything and hope no one notices!
Taxes will depend on the value of her estate.
2007-08-04 09:43:34 · answer #6 · answered by Anonymous · 0⤊ 1⤋
I believe the 1st responder. If the surviving kinfolk can agree on somebody to manage the valuables, the probate court docket could rent that guy or woman to attain this, lowering the quantity of high priced criminal expert time required. The statutes will define who gets what.
2016-10-13 23:30:05 · answer #7 · answered by simpkins 4 · 0⤊ 0⤋
if property is valued at less than 250,000 dollars at the time of death they will not have to go into probate.
they can simply take their birth certs (kids) and the parents' death certs to the court house records dept and it can be changed.
however if the property exceeds $250,000 in value it must go into probate and they will need a probate lawayer.
good luck :)
2007-08-04 09:44:04 · answer #8 · answered by Blue October 6 · 0⤊ 4⤋