Tag Archive: california attorneys

Trust Sales vs. Probate Sales: Navigating the Nuances of the IAEA

While many clients and general agents use the terms “Probate Sale” and “Trust Sale” interchangeably, selling a property held in a Revocable Living Trust versus one in full Probate under the Independent Administration of Estates Act (IAEA) requires fundamentally different workflows and documentation. Attorneys recognize that this difference is key ...

Continue Reading

Solving the “Tenant in Place” Nightmare in Probate Sales

Selling a probate property is complex enough. Selling one with a tenant living in it, especially one who pays low, rent-controlled rent or has stopped paying altogether, adds a layer of difficulty that scares off most general agents. This is a problem that falls directly into the attorney’s lap unless ...

Continue Reading

The Vacant Home Liability: Why “Deferred Maintenance” is a Legal Risk

In probate cases, the real property often sits vacant for months during the administration process. To a general real estate agent, a vacant house is just an empty listing. To a probate specialist and, crucially, to the probate attorney, a vacant house is a liability magnet that can jeopardize the ...

Continue Reading

The “Prop 19” Shock: Educating Heirs on New Property Tax Realities

One of the most unpleasant conversations an attorney has to have with heirs today revolves around the “Step-Up” in property taxes. Since the implementation of California’s Proposition 19, the ability for children to inherit their parents’ low property tax base has been severely restricted. What was once a simple transfer ...

Continue Reading