Shingletown, CA Estate Planning Law Firms & Lawyers

One percent of $3M is $30,000.  So you can compare, here are the fees the attorney is entitled to under Probate Code Section 10810: 4% on first $100k = $4000 3% on next $100k = $3000 2% on next $800k = $16k 1% on next $9M = $90k So, on $3M, the statutory fee is $43k. I'd offer to consider doing it for less than 1%.

If you sell the home to her, the home would be part of her estate. It would pass under her will or according to intestate succession. Before you do anything, you likely need to speak with counsel to share your reasons for doing what you are trying to accomplish and learn of various strategies. Never make a major decision without due diligence.

"Joint tenancy" is a form of ownership that carries right of survivorship.  The term "right of survivorship" is a bit redundant, but many lawyers (me included) prefer to use it to make things crystal clear.  A deed of trust is a security instrument, given to a lender to secure repayment of a loan (or sometimes other obligations).  It works like a mortgage.  The instrument that determines how title is held is the deed.  That is usually a "grant deed."  The lender may repeat in its deed of trust how title is held on the deed, so most likely your parents' house is held in joint tenancy and no probate will be required on the death of the first of them to die.  However, at that point (following the first death) only one of them will have title to the property, and if he or she wants probate avoidance then something else will need to be done (such as creating a revocable trust).