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Death Certificates - Properties

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tealeaf447

Junior Member
What is the name of your state (only U.S. law)? California

My father recently past away earlier this month. My family and I are unsure what needs to be done in regard to his properties. My parents had a living trust done years ago but there are some things we are unsure about.

(1) My father was one of four owners of a commerial property (this is not listed in my parents living trust, he own this pre-marriage over 30 years ago). My uncles are asking for my father's original death certificate. I'm not personally comfortable just handing it over without knowing what they are going to do with it, but my mother doesn't want to cause any trouble/offend between us and my uncles. My uncles have stated that if/when they sell the property, they will give my mother her husband's share. Is there a way to insure this?

(2) Is there any thing to be wary about when giving an original death certificates to people? I ask this because I not 100% sure my uncles are acting in my family best interests.

(3) My mother is considering selling their primary home. She has been advised by her tax person, to sell the home in 2 years. My father past away in our home and I'm afraid my mother would not be able to get the best market value selling the house now. Prior to speaking to the tax person, my mother was planning to rent then sell the home later (3-5 years) What is the best option for my mother to take?

Thank you in advance for your asssitance. Any assistance or advice would be greatly appreciated.

S.
 
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divgradcurl

Senior Member
Has your father's estate gone through probate? If not, that is the very first step, before anything else you have written about.
 

tealeaf447

Junior Member
Probate

Our understanding is since my parents have a living trust (and both parents and children are on all titile properties)....probate is not needed (or is avoided). Are we wrong to assume this? I believe the only items we need to go through probate are my father's assests with only his name on it (which I suppose include this commerial property in question). What are the first steps for probate and how soon does one need to begin?
 

Zigner

Senior Member, Non-Attorney
Our understanding is since my parents have a living trust (and both parents and children are on all titile properties)....probate is not needed (or is avoided). Are we wrong to assume this? I believe the only items we need to go through probate are my father's assests with only his name on it (which I suppose include this commerial property in question). What are the first steps for probate and how soon does one need to begin?
Your dad owned "stuff" outside of the trust. Probate is needed.
 

annesdaughter

Junior Member
Talk to Attorney!

You need to talk to the Attorney who did your parents TRUST. They will be in the best position to tell you what needs to be done. My Mom passed away 4 months ago and we have had one meeting with her in regards to the trust. Please do this before you do anything. It will save you thousands of dollars. I know firsthand about Probate, my grandmother who died in 1977, her estate was probated for 8 years. So please get some sound legal advice. Good Luck
 

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