Where can I obtain a standard form of a "california enhanced life estate deed from husband & wife to 3 children"?

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I hope to avoid probate when we pass & leave our home to our children.

Attorney Answers

3
Gregory Benton ·
What you asking for doesn't exist in a form. But what you need is a revocable trust to avoid probate and to put all of your estate, not just a house, into a trust. Putting your entire estate into a revocable trust is the best way of avoiding probate. Suggest you seek legal counsel to get this done legally and efficiently.
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Michael Robert WeinsteinProbate AttorneySanta Ana, CA ·
Attorney Benton has given you accurate and sound advice. There are a number of other items for you to consider if your goal is to avoid probate. Lawyers are experienced in discussing your needs and family dynamics regarding your estate plan. It makes a difference whether your estate is large or small. It makes a difference whether your children can get along while administering your estate; if they cannot then probate might be a good thing because a judge will be looking over their shoulders. Without knowing more of the details of your situation, I would recommend avoiding conveying your property to your children before you die because one judgment against them could lose your house. As Attorney Benton has stated, a trust may be the best solution for you but how it is set up will depend on your situation. Your investment in an attorney's time will help you to rest easy knowing you have done the best for you and your children and yourselves.
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Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
California law does not authorize Lady Bird deeds for a number of reasons. You want a revocable living trust, instead, which can accomplish the same purpose without the pitfalls. Good luck. -- Michael
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