Legal Question in Wills and Trusts in California

My Mom pass away last year August 2013 she has a living trust and a pullover will done in 2004 in New York, later she bought a senior Condo in Californis, worth about $90,000,(control by the city) but was not put into the NY trust. do I need to do a probate or a short probate on this Condo.

Asked on 5/13/13, 2:25 pm

3 Answers from Attorneys

Aaron Feldman Feldman Law Group

I doubt you can Petition to include the condo in the Trust, but an attorney reading the trust might be able to find a way to to do this, which would be faster and cheaper than a Probate Petition. Otherwise, you are looking at a Petition to Determine Successor to Real Estate, which is an expedited Probate proceeding available where the value is under $150,000, which appears to be the case here.

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Answered on 5/13/13, 2:29 pm
Victor Waid Law Office of Victor Waid

Aaron Feldman's answer is good advice. Probate legal counsel should be engaged to assist you in this matter.

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Answered on 5/13/13, 3:30 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

I am sorry for your loss.

I agree with Attorney Feldman. A Petition to Determine Successor to Real Property is probably the best course of action. Assuming that your mother died a resident of California, and because the real property is located in California, it may be possible to file a Heggstad Petition in Probate Court to establish your mother's intention that the property be part of her trust. However such a Petition would be more costly than the Petition to Determine Succession and proving your mother's intent may be difficult.

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Answered on 5/13/13, 3:32 pm

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