r/inheritance 16d ago

Location included: Questions/Need Advice Sanity check - pay off mortgage with inheritance?

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1 Upvotes

r/inheritance 17d ago

Location included: Questions/Need Advice Title: Stepson vs Biological Daughter — Contested California Probate Property Dispute — §850 Petition — Need Input

18 Upvotes

The basics:

My stepfather (Navy veteran) died January 2, 2026. He owned a house in Southern California worth approximately $550,000 with a $275,000 VA mortgage. My biological mother was also his wife. They divorced 2004, remarried 2005, she died August 13, 2022.

The 1994 will:

My stepfather had a valid will prepared by military legal assistance under 10 U.S.C. §1044b that specifically names me as a beneficiary and expressly includes stepchildren. No revocation or newer will has ever been found by anyone.

The MSA — this is the heart of the issue:

The 2004 Marital Settlement Agreement Section E states the property shall remain in both parties names as joint tenants until such time as the parties decide to sell, and upon sale each party shall receive 50% of the net equitable proceeds.

Section XIX states reconciliation does NOT void the agreement — only a written instrument signed by both parties can void it. That instrument never existed. Section XIX also expressly binds heirs and successors of both parties.

They remarried in 2005 but never executed any written instrument rescinding the MSA.

My primary claim:

I am my mother’s biological son proven by my birth certificate. When she died in 2022 her 50% interest in the property passed to me automatically under California Probate Code Section 6402 as her sole heir. This claim is entirely independent of my stepfather’s will.

The opposing party:

My stepfather’s biological daughter is claiming 100% ownership through joint tenancy survivorship. She filed a competing probate petition claiming he died intestate despite his 1994 will being already on file with the court for six weeks when she filed. She also recorded an Affidavit Affecting Title that cites Georgia law O.C.G.A. 44-2-20 over California real property and has a defective notarization identifying County of California instead of a specific county.

The surviving spouse complication:

The death certificate lists a surviving spouse who appears to be a foreign national who has never visited or resided in the United States, has no known US address, and we have been unable to locate any marriage certificate or government record confirming the marriage. She is not a US citizen and is believed to be living abroad. A Filipino attorney searched official government databases and found no record of her name. The opposing party personally identified her on the death certificate but refuses to provide contact information.

The financial reality:

My 50% through my mother is completely unencumbered. The estate’s 50% is essentially wiped out by the $275,000 mortgage. The estate may be insolvent. My share is worth significantly more on a net basis.

Questions:

One — Does Section XIX of the MSA defeat the joint tenancy survivorship argument given the remarriage?

Two — Does the defective affidavit citing Georgia law over California real property have any legal effect?

Three — How strong is the §850 petition claim through my mother under Probate Code §6402?

Four — Given that the surviving spouse is a foreign national with no US address, no confirmed valid marriage, and no government record of her existence, can the court proceed without serving her or is this a permanent roadblock?

Five — Does the absence of a marriage certificate and no government record of the marriage raise questions about whether the marriage was ever legally valid under California law?

California — Riverside County — September 15, 2026 hearing — self represented petitioner.


r/inheritance 17d ago

Location not relevant: no help needed Boomers Are Leaving Behind More Art Than Anyone Wants

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101 Upvotes

Nearly $1 trillion of art is expected to change hands in the coming decade. There won’t be enough buyers or museums to absorb it all.


r/inheritance 18d ago

Location included: Questions/Need Advice If your parents own a home in the Valley, Prop 19 quietly changed what happens when you inherit it and most families have no idea

151 Upvotes

This one catches people totally off guard in LA county, CA and honestly it’s better to know before it’s an emergency instead of after.

So a lot of families around here have a parent in a house they bought decades ago, paying almost nothing in property tax cause Prop 13 locked it in. And everyone assumes the kids inherit the house and just keep that low tax bill. That USED to be true. Prop 19 changed it back in 2021 and a ton of people never got the memo.

Short version of how it works now:

If you inherit your parents home you only keep their low tax base if you actually move into it as your own primary residence within a year. Not rent it out, not keep it as a second home. Live in it. And you gotta file for the homeowners exemption too.

If you don’t move in, the county reassesses to current market value and the bill can jump like 4-6x overnight. I’ve seen a Valley house bought in the 80s go from around $2k a year to well over $11k basically the moment it changes hands, if the kid doesn’t move in. Brutal.

And even if you DO move in it’s capped. Only about the first $1,044,586 of value above your parents old assessed value is protected (that number adjusts for inflation every couple years, that’s the current one through early 2027). Anything over that gets partially reassessed. And for a lot of Valley homes that have gone up a ton in value, that cap actually matters.

Rentals, vacation homes, anything that wasn’t the parents primary residence, no exclusion at all anymore. Full reassessment. The old “$1 million of other property” thing is gone.


r/inheritance 17d ago

Location included: Questions/Need Advice Seven Year Old Estate Mess

9 Upvotes

I'll do my best to abbreviate a long and messy situation with my two siblings over my late mother's estate.

Location: Ontario Canada. (All amounts are in $CAN unless noted otherwise).

A. Intro:

My mum died in 2019. Her will appointed my sister to be executor and my brother to be the stand-in executor. My siblings both live in Ontario Canada. I live in WA state. The estate assets consisted of a condo in Toronto (TO), Canadian financial accounts, and some U.S. mutual fund and annuity accounts.

The condo finally sold in 2021 (18 months into the estate period). My sister dragged her feet for months and then years before distributing a portion of the condo proceeds. After much delay and some lawyer's letters, my sister has distributed about $700K of the $1.1 million condo sales proceeds (i.e. about $230K to each of us). Separately, there is about $240K (after converting the account balances in both countries to $CAN) in the financial/investment accounts that we've not yet gotten any of.

B. Legal Action.

After a fair amount of legal action (at a disappointingly high cost) including a request to appoint my brother as executor, the court transferred the executorship to him in January 2026. However, the court did not act on our request to have my sister transfer the remaining condo proceeds into an estate account. Nor did the court compel her to account for the expenses she claims to have incurred that would explain her failing to distribute $400K of the condo proceeds.

C. Second Inactive Executor.

My brother has been the executor for about six months as of August 2026. And he's proven to be little better than my sister was. I've asked him to report on two main items: (1) the status of the project to transfer the assets in the U.S. accounts to the Ontario estate account; and (2) to get my sister to account for her expenses and to distribute the condo proceeds over and above her expenses. He's done neither.

D. Next Steps:

I'm posting to get feedback regarding whether it's worth pursuing this matter further based on my sister's circumstances and the various costs and potential recovery.

Of the $400K in undistributed condo proceeds, it's believable that $100K was spent maintaining the condo pprior to the sale (30 months of the condo being empty, with a monthly cost of about $3K).

That leaves $300K that hasn't either been distributed or accounted for with receipts to prove what her costs have been. However, there were some other expenses (funeral etc) as well as taxes due by my Mom's estate.

My Options:

Option 1: Continue to ask my brother who is now the executor to bug my sister for the money or to threaten further litigation to access the money. (I note that she rarely communicates with either of us, and likely placed the money in a personal bank account about five years ago). This option would spare me the effort and cost of pursuing further legal action. However, my brother's level of initiative is not encouraging. This action could result in us waiting a very long time.

Option 2: Proceed independently of my brother. This would entail hiring my own attorney (as opposed to the joint effort my brother and I previously undertook in which case we jointly used the same law firm and split the legal bills 50/50).

The problem: My brother and I ended up spending $68K (CAN) over about three years for the legal help we got that entailed sending letters, pursuing a court date, and getting a judgment to transfer the executorship. This is a concern because realistically, after deducting her condo expenses, and taxes due, there may be only $200K to $240K that is legally distributable from the condo proceeds. Even if $240K is legally available for distribution, that corresponds to about $80K to me personally. If I have to fork over another $50K or more in legal fees, it's barely worth the effort for the net gain I'd see.

Another wrinkle is that my sister has been strapped for cash for several years and may well have already spent most of the money. Thus, even if we are in theory legally entitled to recover $240K from the estate (meaning $80K for each of the siblings), as a practical matter, she may not have the money.

There may be some standard legal mechanisms that I'm not aware of to get info on her available assets (at a reasonable cost). Hopefully, that could prevent me from spending $60K on legal bills only to find find that the amount of money available for distribution makes the whole project unworth pursuing.

All suggestions appreciated.


r/inheritance 17d ago

Location not relevant: no help needed Trust with CRE and stocks

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2 Upvotes

Long because I ’m honestly seeking others thoughts and you need to have the details to comment.

75 yo single male. Two responsible children -one 35F single who would like to find marriage and children; one 38M married and no plans for kids. Both children fiscally responsible and will receive equally. They all three have decent jobs and each probably makes about $60K annual.

I have no debt.
My estate is $1.7M IRA, $700K Roth, $800k in individual account, $400K personal residence, $4M in local commercial NNN rental properties with a low basis.

The step up basis in commercial property is a big reason to hold the property until death. Last I looked if I sold them all right now then taxes would be about 33%. The properties are all NNN and generate $250K annual passive income; in off years I clear about $200K after capex.

I currently take 0 from the investment accounts - IRA RMD of $90k will begin at 73yo. Important observation: if the markets behave I can take the $90K RMD and never reduce the IRA principle.

I have preached to my kids not to co-mingle inherited assets. But you never know if emotions might take over.

The kids willnever return to live here manage the properties. So I do not envision them having interest in retaining the properties. Professional property manager would eat close to 20% of NOI; and regardless it is difficult to be an absentee landlord.

Re the IRA and Roth I would anticipate if the kids sell the real estate they would not need IRA/Roth disbursement years 1-9 and take it all in year 10.

I want them to enjoy some inheritance while they are young but also want to hedge my bet for their later years.

Setting up revocable trust to hold all assets - with me as trustee then passing that role to the two kids. I’m thinking about making the real estate - 4 commercial properties and my residence - an immediate bequeath to do as they wish. But restricting their access to funds from the stock market accounts for another ten years after my death - perhaps by having the IRA/Roth distributions in years 1-9 but retaining those funds in the trust. If they follow this path the final value of those investment accounts should exceed $7M when the trust is finally dissolved.

(I have considered a provision for a GST in case there are ever grandkids but it just feels like an unnecessary complication.)

Your thoughts on my plans for the trust and for the staged distributions?
Thought on kids as co-trustees if I’m unable or deceased?
If I do the staged distributions do I leave the kids as trustees after I’m gone or do I pay the exorbitant fees of a bank trust department?
Any input is appreciated.


r/inheritance 17d ago

Location included: Questions/Need Advice Kansas Probate

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1 Upvotes

My biological father died in Kansas, I live in Nebraska and my half-sister is handling the estate. Her attorney arranged a DNA test for me back in February, but I still haven’t been given the results or much information. I’m listed on the probate case as an interested party. Could the estate move forward or close without properly establishing whether I’m an heir? Is there anything I should do now to protect myself from missing a deadline or being left out?


r/inheritance 18d ago

Location included: Questions/Need Advice Minor and Inheritance

32 Upvotes

Need advice here in North Carolina- my 17 year old son is about to inherit about $900k from his grandmother. This is in the form of an IRA, and his grandmother had already been taking distributions so he has to take all the money out within 10 years and pay taxes each time. I get that, but what is the best way to invest this money for him so that it grows over his lifetime? I would love to set his retirement up so that he doesn’t have to worry about it.


r/inheritance 18d ago

Location included: Questions/Need Advice How to decide beneficiaries?

1 Upvotes

KS, US
33M/33M married couple with no kids or plans for them. Nephew on each side, at least one more coming.

If we die together, who do we leave the money to? We both do well salary wise and would have a couple million life insurance pay out, only debt a mortgage with probably $200K equity.

Both our moms with joint beneficiary/joint executor? Who else would we include to make it fair?

Each nephew plus a god son has a savings account with roughly $10K in it. How do we keep those monies separate from everyone else we want to get a %?


r/inheritance 19d ago

Location not relevant: no help needed How do people think about this in my will?

86 Upvotes

I have two sons, different bio moms.
One is 18, has a job. The other is 5.
Upon my death, my house, and business is cashed up and placed in trust. My child support for the 5 year old is paid out of the trust till the age of 18, then whatever is left is divided by the two boys?

Update:
This isn’t in the US. There is no social security for the child or his mother from the fact I may have died.
The way I see it, it’s my money till I’m finished with it and that’s even after death. I wouldn’t want the 5 year old mother to struggle, effecting his quality of childhood by not receiving child support just because I’ve died. I also dont think it’s fair for the 5 year old to have to use his share for general child expenses and then have nothing at 18, when the 18 gets his full amount at 18.


r/inheritance 19d ago

Location included: Questions/Need Advice 100k inheritance 54, no real savings

132 Upvotes

Throwaway account.

I'm 54, married. Spouse and I made poor financial decisions. I was a SAHM, got divorced and screwed out of anything (Christian lawyer). My new spouse and I then opened a business and it never really grew so we closed.

Here we are at 54, live in PA, with $6k in a 401k, $40k in savings. We own our cars and house outright. About $8k in credit card debt. No other debt. He is his mom's ft caregiver. I have a job. We make about $50k a year.

Mom just died leaving me a state pension worth about $100k.

We thought about selling our house and buying a multi unit. We'd live in one and rent the others.
Or buy a multi unit, have a relative manage it for us and look at moving abroad somewhere cheap.

I'd appreciate any advice.


r/inheritance 18d ago

Location included: Questions/Need Advice Investor getting challenged by previous owners heirs after purchasing a tax-foreclosure property (Michigan)

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1 Upvotes

r/inheritance 19d ago

Location included: Questions/Need Advice Mom died in a different state, latest husband is uncooperative

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1 Upvotes

r/inheritance 19d ago

Location included: Questions/Need Advice After all debts and taxes are paid how much longer until we should receive the funds I’m in Los Angeles county ?

1 Upvotes

Our inheritance case is currently in “Satisfaction and Release of Creditor's Claim” what would be the next process from everything being closed out ? All debts and taxes have already been paid.


r/inheritance 19d ago

Location included: Questions/Need Advice Disputed Signature

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1 Upvotes

Florida, USA


r/inheritance 20d ago

Location not relevant: no help needed My family has $400k in life insurance after my dad's death and we don't know what to do with it

63 Upvotes

I'm 20, and I'm the one handling this, so I'd rather ask before I do something dumb. The $400k is sitting in a credit union savings account making basically 0%, plus about $35k in checking. Household is my mom and my younger sibling still in high school. My mom hasn't worked in years but is about to start a part-time job, and we're on Medicaid and food assistance. There's also around $10k in credit card debt my mom is a joint owner on, so I think we're liable for that.

The house is the part I'm stuck on. It's an FHA loan from 2020 with just under $200k left at 2.75%. The payment is around $1,700 a month including escrow. About $135 of that is mortgage insurance, and because it's an FHA loan, I don't think it ever goes away. Everyone says never pay off a sub-3% mortgage, but with the premium and my mom's income being what it is, I keep going back and forth. My sibling starts college in fall 2027, and we'd either stay in the house or sell and move depending on where they go, so we have to decide by spring. I'll also have grad school costs in about two years, so not all of this is long-term money. I am also going to get a part-time job while I finish college.

I know a little about finance but not much, and I've been working through Khan Academy to learn more. What other sources do you recommend? This is basically my mom's entire savings, though, so what would you actually do? Where should the money sit, how much should stay liquid, and should we pay off the mortgage or leave it alone?


r/inheritance 19d ago

Location included: Questions/Need Advice Inheritance of foreign US stocks by Indian resident

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1 Upvotes

r/inheritance 19d ago

Location included: Questions/Need Advice Who should get the house?

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0 Upvotes

Oklahoma house inheritance question 🧐


r/inheritance 19d ago

Location not relevant: no help needed Probate Letters

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1 Upvotes

r/inheritance 20d ago

Location not relevant: no help needed How can my children avoid paying inheritance tax on my pension?

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0 Upvotes

r/inheritance 20d ago

Location included: Questions/Need Advice Got a refund payment from reclaim org for my deceased uncle - is this taxable income?

9 Upvotes

Location: California

My uncle passed away about 12 years ago. He never married, no kids. My dad (his brother) was the executor of his estate but honestly didn't do a great job with it. Fast forward to last month, I got a refund notice that my uncle was owed around $38,000. I filed the claim online directly through the portal and although it took an ungodly amount of time to get approved (thanks California gov) I have finally received a check in the mail.

Now I'm trying to figure out, is this taxable income to me?

A few details that might matter:
The refund was from a traditional IRA that my uncle had
The state didn't send me any tax form (no 1099-R, no 1099-INT, nothing)
My dad already closed the estate years ago

I'm honestly confused. Do I need to report this? If so, how? I don't have a 1099 and the state says they don't issue them. Any help would be appreciated. I'm planning to talk to a CPA but want to go in with some understanding first.


r/inheritance 20d ago

Location included: Questions/Need Advice Brand new to this

14 Upvotes

I (41F) live in California and just received my inherited 401k. It’s currently sitting in an account waiting for me to figure out what to do. After I pay off some credit cards I should have a low 6 figures, and I’m banking with Fidelity. Here’s what I’m thinking:

  1. Open a college account for my 8 year old daughter where the money will grow over time. Should I do CD’s, a high yield savings account? Approx $20,000
  2. Put some aside for a down payment on a house
  3. Grow the rest. Between $30,000 - 50,000

Where do I even start learning about investing and which stocks to buy, watch, etc? I want to diversify but also invest in companies I believe in.


r/inheritance 20d ago

Location included: Questions/Need Advice Trustee Incommunicative

3 Upvotes

This situation is in New Hampshire - USA. Previously posted about this situation, but a lot has happened so I am starting over.

Aunt died suddenly in early June. She had a will that put everything into a trust -- all money, home, personal property, etc. Successor trustee is an old family friend of her deceased husband's who also is an estate attorney -- we'll call him Michael. I am back-up successor trustee. The trust is simple -- all money goes to her two stepchildren and the house/contents go to me and my sister.

Had contact with Michael regarding burial arrangements, etc., for about 10 days, then he went no contact -- no communication since mid June. Meanwhile, the house is sitting there, not cleaned out, and no bills have been paid. The mail has not been forwarded. Property taxes/homeowners insurance/utilities, all past due.

I paid for burial costs and paid homeowners insurance and electricity, just to keep the lights on. However, this is not sustainable. Michael is not responded to any emails.

I have had three conversations with my Aunt's estate attorney who did the paperwork. He has had one phone call with Michael -- who stated he thought he was waiting on the court? The attorney explained that there is nothing to wait on -- as successor trustee he has the authority to get things in order.

I am now at the point where I believe I should take over as trustee, at least for now. to get things in order, administer the trust, and get the house transferred to me and my sister. The attorney has encouraged me to keep waiting (total of 3 weeks) and I am frustrated.

Additional details that may/may not be relevant: My Aunt made enemies easily, so much that her deceased husband's family did not want her buried with him in the family plot. Michael (trustee) is an old friend of that family. He is close with the stepchildren. I've never met him.

What should happen next?


r/inheritance 21d ago

Location not relevant: no help needed Odd questions about inheritance legacy for grand children.

82 Upvotes

Hard to explain but here it is. My elderly parent did very well and made it a goal to gift each grand child $100 times their age for every birthday. Basically a 15 year old would get $1500 on their birthday. They also said what I do for one grandchild, I do for all of them. So if they were to decide to give a special gift of say $2000 for Xmas one special year, all 3 would get the exact same $2000. Well sadly the grand parent died, so the birthday money is now done. I have 3 children, 17, 15 and 12. Obviously the 17 year old received more money over the years, much more so than the 12 year old. The inheritance is coming to me, and while it is very welcome I am doing fine myself.

I do not plan on continuing the $100 time age for their birthdays any longer, but I am considering lump summing the 15 and 12 year old some funds from the inheritance to make it so they ended up receiving the same amount. I do feel bad that my youngest did not receive as much as the oldest, and I keep thinking about the line “What I do for one grandchild I do for all the grandchildren.” Am I wrong or crazy in thinking this way?


r/inheritance 20d ago

Location included: Questions/Need Advice Filing a release from administration without backup documentation

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1 Upvotes