Will My Spouse and Kids Inherit Everything?

[@chicatita4753]

Dad died, 3 siblings, and we want to keep the property. Can we keep the property without probate?

[@CunninghamLegal]

Whether or not you are required to go through Probate depends on a variety of factors, like if there is a Will or a Living Trust, if the Living Trust was properly funded, and if there are any conflicts between beneficiaries (to name a few). To understand your situation more fully, I highly recommend contacting our firm for a free 15-minute call with a client specialist, where we can gather these types of details and provide you with additional information. Please contact us at: www.cunninghamlegal.com/california-law-offices/contact/ or view our video archive on our website: www.cunninghamlegal.com/blog/after-a-death-trust-administration-trustees-executors-and-probate/

[@chaileyip2727]

Does a survivor spouse personal brokerage account get a step up basis on the death of a spouse in California? Reply

[@CunninghamLegal]

If it is the community property of both spouses, or the separate property of the deceased spouse then yes. If it is the separate property of the surviving spouse then no. I hope this helps! *INFORMATION ONLY AND NOT LEGAL ADVICE.

[@chaileyip2727]

Thank you for the reply! I will further consult with the CPA.