Cartago, CA Estate Planning Law Firms & Lawyers

If an asset of a decedent's estate has indicia of ownership, like real estate, car, boat, etc., then the distribution from the estate to the legatee should be by official transfer of the asset out of the estate. Typically, there is a fee to record a deed, or transfer title to a car or boat, identifying the transfer from the estate to the legatee. The representative of the estate should effect the transfer of the assets as required by the will, trust or laws of intestacy, as part of the administration of the estate. The estate representation would draw up the document but the legatee would have to pay the fee to file or record the document as the case may be. If the asset was held jointly with the decedent then the transfer is automatic on death. If the asset has a designated beneficiary then the institution holding the asset will complete the transfer to the beneficiary.

The brothers who want to sell, could file a petition to partition in the probate court and obtain an order to sell the property at appraised value on the open market, at which time, the brother who wants to buy you out, can make a bid for the property owned by the two minority owners. If you are a minority, don't let the brother with the largest interest buffalo you by playing deduction cost games in the offer he makes to you.