Legal Question in Wills and Trusts in California

Gifts of tangible personal property

When gifts of tangible personal property are given? Do they have to go through probate? If so, what is the time of probate, and is there an inheritance tax on such items?


Asked on 9/16/03, 4:31 pm

1 Answer from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Gifts of tangible personal property

First of all I'm not sure what you mean by tangible personal property -- there is real property which is basically land and there is personal property which is what someone owns other than land which would include clothes, cars, arts, artifacts, and other items which basically have no title attached -- there are bank accounts, stocks, bonds and other investment items which do have title attached. If the personal property is one where there is a title attached it will depend on how the title is held. Probate is necessary way you have a will which specifically leaves items of personal property along with other items to a beneficiary or where there is no will so it will go to the specific people who are heirs at law -- therefore to answer your question I need to know what you are talking about, and the value of those assets. In California there is no tax upon the death of an individual as long as basically there is no tax federally. Federally this year t be exempted amoun is $1 million. If you wish to consult with the I am in the San Francisco Bay Area 925 -- 945 -- 6000

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Answered on 9/16/03, 5:43 pm


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