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April 30, 2021

Independent Administration of Estates (IAEA)

What Is the Independent Administration of Estates Act? The Independent Administration of Estates Act (IAEA), enacted in 1987, has changed and streamlined the way in which probate sales may proceed. The IAEA is a series of laws allowing the personal representative to administer most aspects of the decedent’s estate without court supervision. The authority to administer the estate under the IAEA can be given by the decedents will or by the court upon the petition […]
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 […]