Moravec Varga & Mooney

Short Answer: California Probate Code §10810 sets statutory (percentage-based) attorney fees calculated on the gross estate value, not what's left after debts. Some attorneys offer flat fees for straightforward or summary probate cases. Understanding which structure applies to your estate can mean a difference of tens of thousands of dollars. Introduction: The Bill Nobody Sees Coming Probate surprises families every day, not because the process is secret, but because the cost

Short Answer: Yes. Even if your California primary residence qualifies for the new $750,000 simplified transfer procedure under AB 2016, a trust still provides broader protection for your full estate, your privacy, your family's future, and assets that the new law simply does not cover. What the New $750,000 Procedure Actually Does California's Assembly Bill 2016 took effect on April 1, 2025, and it changed the rules around the simplified probate process for primary residence

Short Answer In California probate, no heir, friend, caregiver, tenant, or other occupant automatically gains the right to stay in a probate property after the owner's death unless that person has a valid lease, legal ownership, or lawful permission from the personal representative acting with proper legal authority. If someone is occupying the home without permission, the estate representative may need a formal notice, an unlawful detainer action, a court order, a writ of po

Short Answer If a trust, will, or estate dispute has started after the death of a loved one, speak with a California probate litigation lawyer as early as possible. Probate and trust litigation may involve a contested will, trustee misconduct, executor misconduct, undue influence, duress, financial mismanagement, disputes over trust terms, or questions about a decedent’s intent. Moravec Varga & Mooney handles California Probate, Trusts & Wills, Trust Administration, Medi-Cal

Short Answer Under Probate Code 17211, a California court may order attorney’s fees, costs, expenses, and compensation against a beneficiary or trustee in a trust accounting dispute. If a beneficiary contests the trustee’s account without reasonable cause and in bad faith, the contestant may be charged through the beneficiary’s trust interest and may become personally liable for any unsatisfied amount. If the trustee’s opposition to the contest is without reasonable cause and

Short Answer A step-up in basis can reduce or eliminate capital gains taxes when heirs sell an inherited home, real estate, stocks, ETFs, mutual funds, a brokerage account, or certain business interests after an owner dies. For tax purposes, the cost basis usually changes from the original purchase price to the fair market value on the date of death. As a result, the beneficiary may owe tax only on appreciation after death, not decades of asset appreciation during the parents

Short Answer When Mom’s house goes through California probate, the property does not automatically belong to the children, the surviving spouse, or the person named in a will. Instead, the Superior Court in the proper county opens a court-supervised process to identify the deceased person’s assets, appoint an executor, administrator, or other personal representative, confirm debts and creditor claims, determine the proper property distribution, and authorize the final title t

Short Answer In California, death does not erase every bill, but it also does not make every family member personally liable. Most outstanding bills, medical bills, credit card bills, taxes, mortgage payments, loan payments, utilities, and other financial obligations belong to the deceased estate, not automatically to the grieving family. The CFPB states that survivors are generally not responsible for a deceased person’s debt unless they shared legal responsibility, such as

Short Answer Yes. In California, one sibling can often force the sale of an inherited California home if the siblings are co-owners and no valid agreement, trust provision, settlement, or waiver blocks partition. The usual legal process is a partition action, where the court decides whether the inherited property should be physically divided, bought out, or sold through a court-ordered sale. However, the result depends on ownership interests, legal requirements, any written t

Short Answer If the inherited home qualifies under California’s $750K probate threshold, heirs may be able to use a simplified probate process instead of a full standard probate. However, the right path depends on whether probate has started, whether the property was held in a living trust, whether multiple heirs agree, and whether the inherited property has liens, unpaid property taxes, debt, repairs, or title issues. Introduction Selling an inherited home in California prob

Short Answer No, not always. In California, a $750,000 home may avoid a full probate case if it was the decedent’s primary residence, the decedent died on or after April 1 2025, and the estate qualifies for the streamlined process created by Assembly Bill 2016. The proper court filing is usually a Petition to Determine Succession to Primary Residence, and California Courts identifies this procedure under Probate Code sections 13151-13154 for a main home that meets the applica

Short Answer In California, the most common grounds for disinheritance include estrangement, prior lifetime gifts, financial irresponsibility, substance use concerns, divorce, blended-family conflict, unequal caregiving, and a parent’s lawful decision to leave assets to a different beneficiary. However, a disinherited beneficiary may challenge disinheritance when there are recognized legal bases such as undue influence, lack of capacity, fraud, duress, improper execution, or

Short Answer: In California, you may be able to sell your dad's house without probate if the property is held in a living trust, jointly owned with right of survivorship, or qualifies for small estate procedures. However, if the property is in your father’s sole name, probate is generally required to transfer the title and complete the sale. Introduction: Selling a Deceased Parent's House Without Probate in California Dealing with the death of a parent is emotionally challeng

Short Answer: Yes, you may be able to sell your mother’s house without probate in California if the property was held in a living trust, joint ownership, or if it meets the small estate procedure requirements. However, if the property is in your mother’s sole name, probate will generally be required to transfer the title. Introduction: Understanding the Need for Probate in Real Estate Sales Losing a loved one is a difficult and emotional experience, and dealing with their est

Short Answer: An estate probate attorney in California provides essential legal representation for executors, administrators, trustees, and beneficiaries during probate proceedings. Their expertise ensures the efficient resolution of probate disputes, will contests, fiduciary misconduct, and estate claims, protecting the interests of heirs, creditors, and surviving spouses. Introduction: Navigating the Complexities of Probate in California Probate is the legal process by whic