Questions answered by Kristin Canfield Derr

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Does this have to go to Probate?

Kristin's answer | Answered on August 28, 2015

Assuming she did not own the land, you should be able to transfer the mobile home through the Dept of Housing, with this form.

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If an elderly person dies in CA and has no will, but does have adult children. Do they automatically get the estate?

Kristin's answer | Answered on August 27, 2015

This is a "it depends" question. Is the person married? Is the bank account held in joint tenancy with someone else? If so, what the children get...

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I want my daughter to have my mobile home when I die where do I begin please help do I start with a living trust

Kristin's answer | Answered on August 27, 2015

If your mobile home is your only major asset, a will - like the other answers have indicated - will probably be ok. Mobile homes can be...

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In probate, Can I transfer real estate that was partially paid for with community assets and was held by both of us to me alone?

Kristin's answer | Answered on August 24, 2015

Your problem is with the recorder's office. The presumption for title in California is Tentants in Common, unless otherwise stated. Therefore,...

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Is a case important if it's a landmark case? What do you get? we're told ours might be, What does that mean to us?

Kristin's answer | Answered on August 24, 2015

"Landmark case" has no official meaning. Like the other answers indicate, it's important from a legal standpoint, in that it may set new...

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What happens to debt when you pass away

Kristin's answer | Answered on August 24, 2015

Credit card debt is going to be paid from whatever assets you have left in your estate. The bank loans probably will too; if these are mortgages,...

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If a deceased has a Will and Trust is there any need to go through probate in California?

Kristin's answer | Answered on August 21, 2015

If all of the decedent's property is held by the trust (so, for real property, the title would reflect the trust as owner, not the individual -...

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Do I have legal right to patented land?

Kristin's answer | Answered on August 20, 2015

Assuming the name on title is definitively your grandfather's, the answer is still maybe. If there was no encumbrance on the land (probably not,...

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Father in law passed away, no Will left, house starting foreclosure , husband too distraught to save anything, avoiding homeless

Kristin's answer | Answered on August 20, 2015

Is there any equity in the house, or are there other assets of the estate? Probate attorneys are paid out of the estate, not your pocket. If the...

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When waiting 2 years to sell an inherited property to avoid capital gains is it from the time of death or close of probate

Kristin's answer | Answered on August 20, 2015

Are you asking about the primary residence exclusion from capital gains on the sale of a residence? Here's the IRS's basic facts page for that:...

Kristin Canfield Derr's Answers (161)

Does this have to go to Probate?

If an elderly person dies in CA and has no will, but does have adult children. Do they automatically get the estate?

I want my daughter to have my mobile home when I die where do I begin please help do I start with a living trust

In probate, Can I transfer real estate that was partially paid for with community assets and was held by both of us to me alone?

Is a case important if it's a landmark case? What do you get? we're told ours might be, What does that mean to us?

What happens to debt when you pass away

If a deceased has a Will and Trust is there any need to go through probate in California?

Do I have legal right to patented land?

Father in law passed away, no Will left, house starting foreclosure , husband too distraught to save anything, avoiding homeless

When waiting 2 years to sell an inherited property to avoid capital gains is it from the time of death or close of probate