While our primary focus is on providing fast, hassle-free cash offers for homes in "as-is" condition, we understand that some homeowners may prefer to list their property on the market. If you’re looking for a more traditional route, we’re happy to assist. We can list your home just like a conventional real estate agent and help you explore all your options to make the best decision for your unique situation. Whether you need a quick cash sale or want to maximize your market value, we've got you covered.

Your "Attorney-In-Fact" is the individual you designate in your power of attorney to handle your financial and/or healthcare matters. Under California law, this person is also commonly referred to as your "agent."

Your "Agent" is the individual you designate in your power of attorney to manage your financial and/or healthcare matters. Under California law, this person is also known as your "attorney-in-fact.

Heirs are the individuals entitled to inherit your estate if you pass away without a will. In California, if you die intestate (without a will), state law dictates how your estate will be distributed. Typically, your spouse would inherit all community property, while your separate property would be divided between your spouse and children. If you have no children, your spouse may inherit all of your separate property as well. If you have no spouse, your children would inherit your entire estate. In the absence of a spouse and children, your parents would be the heirs. The law continues to distribute the estate to other relatives, such as siblings or descendants of your grandparents, until no eligible heirs remain. Only in the absence of any eligible heirs would your estate "escheat" to the state of California, meaning it would pass to the state.

Beneficiaries are the individuals you specifically name in your will or trust to inherit your assets. These individuals may or may not be your "heirs," who are the family members that would inherit under California's default inheritance laws if you do not have a will or trust in place (see "Heirs"). Beneficiaries are chosen by you and can include family members, friends, or even organizations, depending on your wishes.

A guardian is an individual appointed by the court to manage the financial and/or healthcare affairs of someone who is unable to do so themselves due to incapacity. In California, the court may appoint a guardian who is often a close relative or friend of the incapacitated person, though a professional guardianship company can also be selected. The guardian's role is to make decisions and manage affairs in the best interest of the incapacitated person.

A guardian ad litem is an individual appointed by the court to investigate and represent the best interests of a child or an incapacitated adult during legal proceedings. In California, if a probate case involves an heir or beneficiary who is under the age of 18 or is otherwise incapacitated, the court may appoint a guardian ad litem to ensure their interests are protected throughout the process. The guardian ad litem acts as an advocate, providing the court with recommendations based on their findings.

A disclaimer is a formal written document in which an individual declines all or part of an inheritance. In California, for the disclaimer to be legally effective, it must be signed and submitted within nine months of the decedent's death or the date the inheritance was established. This allows the disclaimed assets to pass on to the next eligible beneficiary without the original recipient ever taking ownership.

A declaration is an unsworn statement that holds the same legal weight as a sworn statement in California. For a declaration to be valid in place of a sworn statement, it must include specific language certifying that the declarant understands the declaration is made under penalty of perjury under California law. The declaration must also assert that the contents of the document are true and correct and include the date and location where the document was signed by the declarant. In California, declarations are often used as an alternative to sworn statements, which would otherwise require notarization.

An inventory is a detailed list of all assets the deceased person left behind, with each item valued as of the date of death. In California, the inventory must be categorized by different types of assets, such as: Real Property: Land and buildings. Stocks and Bonds: Investment assets. Mortgages, Notes, and Other Debts Owed to the Decedent: Any financial obligations owed to the deceased.

Bank Accounts and Money: Cash, checking, and savings accounts. Furniture and Household Goods: Personal property within the home. Other Personal Property: Any other belongings not categorized above. If any of these assets have mortgages or other encumbrances, those must be listed as well. The inventory is a crucial part of the probate process in California, as it helps determine the estate’s value and facilitates the proper distribution of assets to heirs and beneficiaries.

In California, community property refers to assets that you and your spouse acquire during your marriage, regardless of how the assets are titled. This means that any income, property, or other assets obtained while you are married are generally considered to be owned equally by both spouses.

Separate property, on the other hand, includes assets that you acquired before the marriage, as well as any property you inherited or were gifted, even if the inheritance or gift was received during the marriage. Understanding the distinction between community and separate property is important in California, especially in the context of divorce or probate, as it determines how assets will be divided or distributed.

A codicil is an amendment or addition to a person's will. In California, a codicil must meet all the same legal requirements as the original will. This includes being signed by the testator (the person making the will) and being witnessed by at least two people. To be admitted to probate, a codicil requires proper attestation by the witnesses, just like the original will. A codicil allows changes to be made to a will without the need to draft an entirely new document.

An attestation is a formal declaration by witnesses that a will was signed correctly and in accordance with legal requirements. In California, for a will to be valid, it must be signed by the testator (the person making the will) and two witnesses.

Before the will can be admitted to probate, the witnesses must either appear in court to testify about the signing of the will or provide a written document, known as an attestation, in which they swear or declare that they were present during the will's signing, signed as witnesses in the testator’s presence, and confirmed that the testator understood the will and was of sound mind.

The attestation can either be: Notarized: Officially certified by a notary public.

In the Form of a Valid Declaration: A statement under penalty of perjury that fulfills the same requirements as a notarized document. This attestation process ensures that the will is legally recognized and can be admitted to probate without the need for live testimony from the witnesses.

Probate is a legal process that comes into play after someone’s death, ensuring that their estate is properly managed and distributed. In California, the court appoints a personal representative (often called an executor or administrator) to handle various responsibilities, including selling or transferring the deceased person's belongings, paying off debts, addressing tax obligations, and distributing the remaining assets according to the deceased's will.

If there is no will, the assets are distributed according to California's intestate succession laws. While probate might seem straightforward, it requires careful adherence to legal procedures. The appointed representative must follow the law meticulously, including sending out appropriate notices to interested parties, allowing them to protect their rights if necessary.

Unlike some other states, California courts typically do not closely supervise the administrator during the probate process. However, failing to comply with the legal requirements can lead to complications, delays, and additional costs.

What Is a Letters Testamentary? Letters Testamentary is a legal document issued by the court when someone is appointed as the personal representative (executor) of an estate. In California, this one-page document serves as official proof that the court has authorized the person to administer the deceased's estate.

The Letters Testamentary grants the personal representative the legal power to manage and distribute the estate's assets, pay debts, and handle other responsibilities related to the probate process. It is often required when dealing with banks, creditors, and other entities that need confirmation of the representative's authority.

A Community Property Agreement is a legal document in which you and your spouse agree on three key principles regarding your assets in California:

Current Assets as Community Property: You both agree that all assets you currently own are considered community property.

Future Assets as Community Property: You agree that any assets acquired in the future will also be considered community property.

Transfer of Assets Upon Death: Upon the death of the first spouse, all community property will automatically transfer to the surviving spouse. This agreement is often used to simplify the transfer of assets to the surviving spouse, ensuring a smoother and quicker transition without the need for extensive probate proceedings. It provides clarity and peace of mind, making asset management more straightforward for the surviving spouse.

Nonintervention powers in California allow a personal representative (executor) to manage an estate without needing court approval for routine tasks, such as selling assets, paying bills, or distributing assets to beneficiaries. These powers streamline the probate process by reducing the need for court involvement, making estate administration more efficient and less burdensome.

Without nonintervention powers, the personal representative would be required to file petitions and seek court approval for even basic actions, which can delay the process and increase costs. Nonintervention powers are a key feature of California's probate system, designed to simplify and expedite the administration of estates.

A general bequest is a gift specified in a will that is to be paid out of the general assets of the estate, rather than from a specific source. For example, if a will leaves $5,000 to a charity or a family member, this is considered a general bequest.

The estate’s executor will ensure that the bequest is fulfilled using the available assets of the estate, regardless of where those assets come from. General bequests are common in wills and are typically monetary gifts or percentages of the estate’s total value.

A Health Care Directive, also known as a Living Will, is a legal document that outlines your preferences and instructions for medical treatment in situations where you are unable to communicate your wishes, such as if you have a terminal illness or are in a permanent unconscious state. This directive informs doctors and your family about your desires regarding the administration or withdrawal of life-sustaining treatments.

In California, a Health Care Directive can also include specific instructions for how you wish to be treated if you are ever diagnosed with a mental health condition, such as dementia or Alzheimer’s disease. These documents can vary in complexity, allowing you to make your medical wishes known in advance and ensuring that your healthcare decisions are respected, even if you are unable to advocate for yourself.

In California probate, a bond is a type of insurance policy that protects the estate and its beneficiaries. The bond ensures that if the personal representative (executor) commits any wrongful acts or mismanages the estate's assets, the bonding company will compensate the harmed parties up to the bond amount. This provides an additional layer of security, ensuring that the personal representative carries out their duties in accordance with California law and the interests of the estate's heirs and creditors.