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April 26, 2021

Non U.S. Citizen Owned Property in California at the Time of Death

This article does not cover the distribution of real property held in a trust or in joint tenancy. Nor does if cover the taxation of estate distributions. In general, nonresident alien decedents are subject to U.S. estate tax for assets situated in the U.S. IRC §§2101(a), 2106(a). For estate tax purposes, the situs of assets within the U.S. is determined either at the time of death or at the time of transfer of assets (IRC […]
April 25, 2021

Death, Co-habiting Same-sex Couples, Estate Planning and Probate

As with heterosexual relationships, breakup or death are the two possible endings for co-habiting same-sex couples. In the event of death, the rights of the survivor is a significant issue, especially with unmarried co-habiting same-sex couples. Many of these married or unmarried same-sex couples have no joint ownership interests in real property and no proper estate planning, such as a Will or a Revocable Living Trust. An alternative method for avoiding probate would be for […]
April 24, 2021

Notice to Creditors With Claims Against California Probate Estates

Generally, an individual’s death does not extinguish creditors’ claims, but creditors must act quickly to assert their claims against a probate estate to avoid losing their rights forever. Every state has its own laws on probate procedures, including how probate estate creditors are to be handled. The person who is administering the probate estate, often called the personal representative, is supposed to notify creditors that the deceased has died so that the creditors can make […]
April 23, 2021

California Residential Ownership – Transfer of Property at Death

When a person dies the transfer of the deceased’s residential property (or any real property for that matter) becomes an issue. Who is entitled to the real property upon death depends on how the property was owned at the time of death. The following describes the various forms of ownership of residential property in California and, in general, how it would be distributed upon death. Tenancy in Common A tenancy in common is created whenever […]