AV Preeminent Peer Rated Attorneys
San Jose Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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AV Preeminent Peer Rated Attorneys
San Jose Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
San Jose Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Kouns, Quinlivan & Severson

  • 10 Almaden Blvd., Ste. 1250, San Jose, CA 95113

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Anastasi & Nielsen

  • 84 West Santa Clara St., Ste. 540, San Jose, CA 95113

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Nabavi Law Firm

  • 333 W. Santa Clara St., Ste. 805, San Jose, CA 95113

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Silicon Valley Elder Law, PC

  • 1960 The Alameda, Suite 175, San Jose, CA 95126-1448

Law Office of Geoffrey Nwosu

  • 1710 Hamilton Avenue, San Jose, CA 95125

The Law Offices of Steven R. Pogue

  • 2150 Trade Zone Blvd., Ste. 102, San Jose, CA 95131

Sagaria Law, P.C.

  • 333 W. San Carlos St., Ste. 620, San Jose, CA 95110

Johnson and Nixon Law Offices

  • 142 George St., San Jose, CA 95110

Thompson, Lober & Williams

  • 2858 Stevens Creek Blvd., Ste. 207, San Jose, CA 95128

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Law Offices of Leslie Mark Gammill

  • 1900 Camden Ave., Ste. 101, San Jose, CA 95124

DeKlotz & Guggenheim

  • 152 N. Third St., Ste. 550, San Jose, CA 95112

Nancy M. Battel, JD MBA

  • 1101 Westwood Dr., Ste. B, San Jose, CA 95125

Bradley Smith, Attorney at Law

  • 1754 Technology Drive, Suite 229, San Jose, CA 95110

Polaris Law Group LLP

  • 560 S. Winchester Blvd., Ste. 500, San Jose, CA 95128

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Law Offices of Fleishman & Weisman, PC

  • 79 Devine Street, Suite 200, San Jose, CA 95110-2483

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Law Offices of Loren B. Vaccarezza

  • 800 Charcot Avenue, Suite 106, San Jose, CA 95131

Gates Eisenhart Dawson

  • 111 W St John Street, Suite 1200, San Jose, CA 95113

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Steburg LawFirm

  • 1754 Technology Dr., Ste. 236, San Jose, CA 95110

Law Office of Shirley Tam, A Profissional Corporation

  • 95 S. Market St., Ste. 300, San Jose, CA 95113

Law Offices of Howard M. May

  • 1625 The Alameda, Ste. 800, San Jose, CA 95126-2225

Pagano & Kass, P.C.

  • 96 N. Third Street, Suite 525, San Jose, CA 95112-7712

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Law Offices of Jon G. Brooks

  • 941 W. Hedding St., San Jose, CA 95126

Law Offices of Raana H. Kashani

  • 6642 Broadacres Dr., San Jose, CA 95120

Myint Design

  • 1702-L Meridian Ave., Ste. 171, San Jose, CA 95125

Law Office of Steven L. Walker

  • 2550 North First St., Ste. 302, San Jose, CA 95131

Law Office of Bettie Baker Marshall

  • 1190 S. Bascom Ave., Ste. 121, San Jose, CA 95128

Morgan, Franich, Fredkin & Marsh

  • 99 Almaden Boulevard, Suite 1000, San Jose, CA 95113

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Copenbarger & Copenbarger, LLP

  • 1250 Aviation Ave., Ste. 260, San Jose, CA 95110

Bustamante & Gagliasso, APC

  • 333 W. San Carlos St., 6th Fl., San Jose, CA 95110

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Law Office of Jeanne L. Tate

  • 1700 The Alameda, 3rd Fl., San Jose, CA 95126

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Am I the sole owner of the house after their death?

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Answered by attorney Charles Richard Perry (Unclaimed Profile)
Estate Planning lawyer at Charles R. Perry
You definitely need to consult with an attorney regarding this problem. My quick research suggests that if you and your parents were joint tenants before the transfer of the property into your parents' trust, then the joint tenancy was destroyed, and your parents' interest in the property would pass according to the terms of the trust. The question, however, does not appear to have been definitely resolved in the courts, as this is simply the the opinion of legal commentators. Further research is needed. I do not know what happens if the joint tenancy was created after the property was in the trust. As trustee and executor of the will, you have the power to probate the estate and obtain a declaration from the court as to whether the property should be transferred pursuant to the trust document or the terms of the joint tenancy. You also have an obvious conflict of interest here, and I do not know off the top of my head how the court would treat that. In any event, you would control the property until it is finally distributed, and your siblings could not force a sale through a partition action until they receive some interest in the property. As I said, you need to consult a lawyer, as these are difficult questions.
You definitely need to consult with an attorney regarding this problem. My quick research suggests that if you and your parents were joint tenants before the transfer of the property into your parents' trust, then the joint tenancy was destroyed, and your parents' interest in the property would pass according to the terms of the trust. The question, however, does not appear to have been definitely resolved in the courts, as this is simply the the opinion of legal commentators. Further research is needed. I do not know what happens if the joint tenancy was created after the property was in the trust. As trustee and executor of the will, you have the power to probate the estate and obtain a declaration from the court as to whether the property should be transferred pursuant to the trust document or the terms of the joint tenancy. You also have an obvious conflict of interest here, and I do not know off the top of my head how the court would treat that. In any event, you would control the property until it is finally distributed, and your siblings could not force a sale through a partition action until they receive some interest in the property. As I said, you need to consult a lawyer, as these are difficult questions.
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Can an attorney transfer a title to another person to avoid taxes?

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Answered by attorney Brian Haggerty (Unclaimed Profile)
Estate Planning lawyer at Minor, Bandonis & Haggerty P.C.
This might be a good idea, but usually isn't. First of all, don't deal with just the house. A plan made piecemeal usually isn't a good plan. See an estate planning attorney about Sister's whole estate. BTW, avoid paying what taxes? Oregon's estate tax kicks in at $1 million the federal, not until $5 million. For a majority of people, it's not the estate tax you have to worry about, and making gifts during your lifetime gives the done income tax problems (lower basis).
This might be a good idea, but usually isn't. First of all, don't deal with just the house. A plan made piecemeal usually isn't a good plan. See an estate planning attorney about Sister's whole estate. BTW, avoid paying what taxes? Oregon's estate tax kicks in at $1 million the federal, not until $5 million. For a majority of people, it's not the estate tax you have to worry about, and making gifts during your lifetime gives the done income tax problems (lower basis).
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As we live in a community property state, do I also need to include them in my new will as well?

Dara J. Goldsmith
Answered by attorney Dara J. Goldsmith
Estate Planning lawyer at Goldsmith & Guymon, P.C.
Both items you deceived are not impacted by a Will or subject to probate. A Will would address other assets that do not have a beneficiary status included. If you have other assets that you want to leave your child or spouse you should address in your Will; however if those assets are worth less than $100,000 they may all pass to your spouse absent utilizing another will substitute pursuant to Nevada law. I suggest you speak with an attorney to address your specific desires and options. Best of luck to you.
Both items you deceived are not impacted by a Will or subject to probate. A Will would address other assets that do not have a beneficiary status included. If you have other assets that you want to leave your child or spouse you should address in your Will; however if those assets are worth less than $100,000 they may all pass to your spouse absent utilizing another will substitute pursuant to Nevada law. I suggest you speak with an attorney to address your specific desires and options. Best of luck to you.
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