10 THINGS A PROBATE LAWYER LIKES TO SEE IN A REAL PROPERTY SALE 1)        Market Analysis Report in writing 2)        Probate Listing Agreement 3)        Marketing Plan 4)        Keep detailed log of all marketing and offers 5)        Use of Probate Sales forms 6)        Fax/email agreement once fully signed 7)        Title company information to attorney 8)        At least […]

Upon death or any other transfer of real estate in California you need to evaluate if a PT-58 form is required. It is the document which tells the county assessor that a transfer has been made, of real property, between a parent and a child.  This will preserve the parent’s property tax assessment or basis. […]

What a hot topic right now!  Sure short sales or “upside down houses” or houses without equity are hot topics for a large number of people. However, when dealing with short sales after death there are different rules, different procedures and different outcomes. In fact, the probate code has special rules that can make a […]

This is an updated version of an article I wrote for the Sacramento Realtor, real estate magazine, a few years ago. I updated it for posting here today. Though it’s written for the real estate professional I think the key ingredients should make sense to anybody dealing with a real property sale in a California […]

I have written before about Heggstad petitions.  In particular you can see my formal article, with case background information, on my website at https://www.californiaprobate.info/probate/petition-related-to-trusts As stated there a Heggstad petition is a way to get property (real and personal) into your California trust AFTER death.  It can be used for almost any assets: bank accounts, stock […]

In the past week I have blogged generally about the need to transfer your assets into your trust and specifically the need to transfer often forgotten assets like timeshares to your trust. The question is HOW?  How does one “transfer” an asset into their California trust?  Today we are going to focus on real estate […]

I have told you before that all answers are in the probate code, right!?  Most probate cases allow for simple sales of real estate that do not require Court confirmation before the sale. However, in some cases Court confirmation is required before the sale. What do you do then?  Well, I have a case right […]