https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_9d03a9ccbdd9c2ea56437d429c30a4706af62eade6fd54260b968c5be71932ab46ff744e31ccd317f905e0b4f51c721301ea5acdad9eeffbe8960d3600d1a902.js
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_54c8253e1836849c806c9036112d0d5281dc44a4197152944ed382416ba1141c38e32a009ce25d8c0de92a5c777d6d8c590cf18cb5e3d62e9bd7f8a0c87ceb8a.js
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_88fa700a9e0cacda16ef8f4861d6468a097be6768dcdeb7673ae3604f6e00ed7c632c8b52954e5a005ebd39e123c25da5b63c14e7538fc33eccd0d05d094a05e.js
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_9b6533c766fb6c3757d0b65a15cf7e471c06d02e86acd33018961edf121af98800c69d19f067de70131b4a198037783e26d101fa79aa3ada29e0556f94f39304.js
How to Hold Title To Real Property
News & Blog
May 03, 2022
NOELLE MINTO, ESQ.
Noelle Minto: I’m often asked by individuals how they should hold title to their real property.
A lot of people have a misconception of what various title-holding manners will do for them. Some of the most common mistakes I see are individuals saying they wish to hold the title as a joint tenant, thinking that they’re getting around doing estate planning documents, and making it convenient for the other joint tenant in the event of death. However, while some of that might be true, a major issue with holding property in joint tenancy with a spouse is that when one spouse dies, only half of that property will be stepped up at death.
Death and Property Title Issues
When someone passes away, we are allowed to get a step up in basis on the assets that we hold in our name when we die. So rather than holding property in trust as Community Property, where you get a complete step up on both deaths, you will only get a step up in the value of the property to the current market value with half of the property when held in joint tenancy with your spouse.
Another issue is individuals who will put their children on title as joint tenants, and they think they’re doing this to make it convenient for the family. But guess what, that inheriting family member who was on as joint tenant just for convenience, all of a sudden is 100% legal owner of that property. If that’s not the intent, that’s going to cause family discord and maybe even litigation amongst family members. It’s essential to evaluate how you’re currently holding the title.
There are laws out there that really disallow the tax benefit of holding property as joint tenants when looking to get that step-up in basis. As many of us in the state of California are looking to receive as we have significant appreciation in property values from the time we purchase to the time we pass.
To assess your case, make an appointment with our attorneys at either location; Riverside or Tustin, California.
NOELLE MINTO, ESQ.
Ms. Minto has been a business and estates transactional attorney based in California since 2003. Her practice is now located in Tustin, CA but represents individuals and entities based throughout the United States and abroad. Phone: (949) 253-0000, Email: info@mintocounselors.com
Testimonials
-
NM Law is an excellent law firm to work with! Noelle and her team are very thorough and knowledgeable. They explained the estate planning process to us and kept us informed every step of the way. We…
Monique S
-
I greatly appreciate Noelle’s assistance in making difficult decisions. When she provides counsel I know she puts herself and her family in my shoes. I feel comfortable knowing my attorney has analyzed every angle and leaves out…
Cinda H.
-
For those of you that are looking for the perfect attorney to handle any of your estate issues, well Noelle is the one for you! I can’t say enough about Noelle! She recently handled a case for…
Suzie F.
-
One of the most important things you can do for your family is have a good Living Trust done by an attorney you can trust to take care of your business. I highly recommend Noelle Minto, an…
Sandy Z.
-
Working with Noelle on litigation and transactional matters was truly a valuable experience for me. Not only was she a great communicator with clients and personnel, but zealous and passionate about her clients. I would recommend her…
Darren S.
-
I’ve known Noelle as a colleague and friend for close to seven years. Working “across the aisle” in the fast-paced and partisan world of LA County politics, I found Noelle remarkable for her ability to quickly grasp…
Kerjon L.
-
Noelle and her team were professional, courteous and diligent with my case. It was a small matter but they took it as though it was a large one. They reached a settlement quickly and very little effort…
Doug S.
-
After my mother’s death, The bank locked all her accounts and the insurance company was playing games. Our family lawyer never call me back. I called Noelle for help! My paper work was not in order at…
Randy B.
-
Noelle is awesome. Handled everything I needed in a timely manner. Very professional!
Tammy W.
-
I have worked with Noelle on my Estate Planning and was very impressed by the way she handled my business. Noelle was extremely professional and available for all my questions. I would highly recommend anyone looking for…
Zac C.
-
I have worked with many attorneys, and there are very few that I would ever recommend. Noelle and her team have gone above and beyond to help all of our clients that we have referred to her….
Robert Sousa
-
I was first referred to Noelle Minto by my family law attorney Mike Monarch to provide oversight on my husband’s Trust conforming with our Post Marital Agreement. Her outstanding legal insights helped me to feel secure that…
Sharon McCubbin
-
Noelle and Samantha and their team are amazing. They are extremely knowledgeable and professional (they are the best). They have and continue to support me and my family while dealing with my parents Will and Trust. Samantha…
Greg Bishop
-
I had a great experience with Noelle and Samantha at NM Law. They were fast, clear and got the result we wanted under budget. I am very happy and impressed.
John Arens
-
NM Law is an exceptional place to work! Our office is located in the City of Tustin, off the 55 Freeway, between the 5 and 405 Freeways. Our main cross streets are Redhill Avenue and Edinger Avenue…
Samantha Smith
-
The N.W Law team in Tustin Ca was instrumental in achieving a just result in our family trust dispute. We had the privilege of being represented by Samantha Smith and her staff, during one of my saddest…
Herman baldonado
-
Amazing service. So happy with the whole team!
Mitchell Hilde
-
So glad to work with this team of professionals
Noelle Minto
-
As an attorney who has used two other wills & trusts lawyers prior to seeing Noelle, I have a pretty good idea of what to expect and what it should cost. I recommend Noelle to anyone who…
Lynne Boisineau
-
Highly recommend NM Law. I recently worked with Noelle and her team on my family trust and the process could not have gone smoother. Very knowledgeable and professional. I have since recommended all of my family members…
Nathan Perkins
-
A very professional approach and action to fulfill our personal requirements
Waldo ortega
-
My husband and I decided to update our 12 year old trust. We initally had a call with Noelle, and were instantly very comfortable with her approach. Noelle was great to work with, very patient, was willing…
Cheri Ondatje
-
Vey helpful with good insight to take the proper steps with difficult situations and have my questions answered. Noelle and her team are professional and courteous and great to work with!
Corine Cojocaru
-
Samantha and the team are professional compassionate and get the job done. She articulates very well what needs to be done. Her and the firm do Probate and Trust at its finest to protect their clients. She…
Silvana Sarkis
-
I was referred to NM Law after dealing with a myriad of problems in settling a complicated Trust in Riverside County. At the initial meeting, Noelle Minto and Samantha Smith listened to the mess I was in…
Aleathea Rayburn
-
Love this firm. I’ve worked on a wide range of legal issues with NM law, and the attorneys here are top notch, reasonably priced, and a pleasure to work with. They truly care about each of their…
Colette
-
Ms. Minto, I want to thank you and your staff for the courtesy extended to us during our family’s pending emergency deadline. Mr. O’Grady spoke to my brother and gave us his best recommendation regarding my father’s…
Abraham Torres
Charities We Support
We dedicate pro bono time, volunteer services, and a percentage of our gross revenue to these organizations. In 2023, we sponsored a refugee family of five to come to the United States and start a new life.
Each year our law firm decides as a group which charities to assist with our time, money, and expertise. Please feel free to click on any of the charities below and make a donation of your own.
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_7603386e5053adb33ce5aa5afd736e8ead61cd97c33fcebe8016b885df20ea3f13f404ef21ad889e9372908c03767d4428868eb834a0e5a157e5c17ed086dc38.js
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_07a65630d6f0c6f9c2296fd147f1c0e6500fbd64d26a5a3872ef9239361b22c68c5a4be57797208d00d589666aa20a0f11230fabe7ca8debc00b54cbe2c8aa46.js
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_851dcea59510a12dd72c8391a9ea6ffa96bcbe0f009037d7a0b6e27bae63a494709b6eee912b5ed8d25605fbb767a885f543915996f8a8aff34395992e3332dc.js
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_9646384e65d09bf00cb20365f43e06dd41e7428e3fc6cc2737f4e69b50f006ebb25bd24a566fcd9faec2f0dcb24404e25d57ba7b8c6aba61797a29c515ad5144.js
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_8a22a4a97cb2b230df121b3cad4b7aeb37701a3f201874f4e56376c92aced784a801d466848934f6ebb6afcfa89edd7bb5bb6dfe728ed56ce96dd35d3e1ca2a8.js
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_b03d9f227ae0de5828e038805c46142ffc9b2b94c3c365588b5d4588ffcfaeaedceaa5e8fc314a25412539e2b250736dcc352868948a7887947d6456134dd6d3.js
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_139478d17f7655d28ebcf12ba4ba6284e62c051929adb8e35ba644a6ada1f23bd9c63fe3332207cd8c48a02dc69a963b2b83a9a7237638a84d28f5d17d55c287.js
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_1aa0441bc6446d9a97940c087f19c739fac8b4b9fe46628fa92f1fdf1f0bfcc55d36c95bae7a312e7c94a0f3bb103e99418af8e5586c4dcf48c8ea49bc5129f9.js
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_99d440fa2b1b3c59072f528582a0226c944a6c3574cb2c254c2786664ae9c256f2621a0ba9ad15d190c1ebaf54f1916eff382dba98ba385f0cd1f4fda91a3a08.js
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_cfd144b665b1b75000053e5e5355fdc9c035eae5d3405c14084a8e241921a7f21c6784c8fcd18a72ff61fa8cd413e0d1c9ca74ca22eb78c06e72beaddc41363d.js
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_08afb7173cf2b883aeb629170bcd6c41feaba0bc5561cbbe409308229585186f7c91019c9eb2e1ba4656ad17ec6f5051be6761de6329603c9a62795c660d2105.js
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_7af2afdb79b4794274ea6345193bfe0254536f743eaee77bb8e6eae3847b8f6802f1e0897515ebb9a67956ecf040261a83c1c87cc21fbaedafb124eda8547057.js
https://nmlawattorneys.com/wp-content/cache/breeze-minification/js/breeze_a5396398fb2fb48a35d3009d1cdb89adb2a17f0e53c3c474266eeb7f6ca42811c5d8f009926f8d7fe9be64f75a38cc5847e9e2997c029c501f8d6844d104e1f2.js
