At the core of our exceptional customer service lies our unwavering commitment to problem-solving. We understand that making confident and informed real estate decisions requires access to the right resources. That's why we leverage our extensive network of strategic partners, ensuring our clients have the support they need throughout their property journey. Whether you're buying or selling your primary residence, exploring tax-deferred strategies, or navigating the complexities of the probate process, our team is here to provide a helping hand every step of the way. Count on us to deliver the expertise and assistance you need to overcome any challenge and achieve your real estate goals.
The Christie’s International Real Estate network spans nearly 50 countries and territories on six continents. It is the unparalleled expertise of each independently owned Christie’s International Real Estate Affiliate that truly assures clients of the best representation in any given market. Through a common focus on strong local ownership and a dynamic Affiliate network, Christie’s International Real Estate Sereno connects buyers and sellers of homes across the world.
Entrusting your property with Christie’s International Real Estate Sereno gives you access to qualified buyers worldwide. Christie’s is a global network that is supported by the esteemed auction house. Along with this expertise, we offer tailored service, exclusive use of the Christie’s brand in your area, collaboration with auction house specialists, and referrals from our network of the world’s top brokers. The Christie’s brand is instantly recognizable to clients and distinguishes your property from others. Entrust your property with Christie’s and access qualified buyers worldwide.
Innovative multi-channel marketing creates a modern identity that attracts consumers & brings eyes to your home. Optimizing the exposure by tailoring campaigns to specific audiences. By reinvesting in our listings we assure our reach is not only far but effective.
Maximum online exposure for luxury listing through exclusive advertising partnerships, as well as international PR and social media campaigns. Enhanced luxury marketing materials including the highest quality photography, cinematography, aerial drone services, 3D tours, websites, and other real estate marketing solutions. Christie’s International real estate leverages digital ad platforms to target high net worth individuals and luxury lifestyle connoisseurs through leading real estate, business and luxury media, and on the google display network.
Great graphic design doesn't just command attention; it inspires confidence and builds trust. At Christie’s International Real Estate, our award winning team of in house creatives take design seriously and it shows. Our distribution encumbers a number of local magazines, extensive mail campaigns, high-end brochures designed to match the quality of the homes we represent.
The process of buying and selling a home involves a myriad of intricate details and moving parts that can be overwhelming for both first-time and experienced individuals. From understanding the current market conditions to handling paperwork, inspections, and negotiations, there's a lot to consider. We have curated comprehensive buyer and seller guides below to help you navigate this journey with ease.
We are dedicated to ensuring our clients feel confident, educated, and well-prepared when making important real estate decisions. To achieve this, we have curated a team of strategic partners who excel in various aspects of the real estate industry. By leveraging these valuable resources, we expand our level of service and expertise, catering to a wide range of specialized needs. With the support of our extensive network, we can overcome any challenge that may arise, consistently delivering exceptional results for our clients. Rest assured, when you choose us, you gain access to a comprehensive and reliable network of professionals who are committed to your success in every real estate endeavor.
Harry Price's has practiced real estate law in Santa Clara County for over 40 years. Having achieved the highest rating (AV-rated attorney) by the Martindale-Hubbell Legal Directory, the authoritative resource for information on the legal profession, Harry possesses extensive experience in numerous phases of real estate law. Harry specializes in providing legal advice, representation, and guidance to clients on all aspects of real estate law. He has extensive experience in advising clients on residential and commercial real estate transactions, including purchase and sale agreements, lease negotiations, and title disputes. He is also experienced in providing clients with legal counsel on issues related to zoning, land use, and property development. Harry is highly knowledgeable of state and federal laws and regulations, and is committed to providing clients with the best possible legal advice. He works diligently to ensure that his clients’ rights and interests are protected throughout the entire transaction.
David Lee is a partner at Sweeney Mason LLP specializing in estate and incapacity planning, trust and probate administration. He is dedicated to helping clients plan for their future and protect their assets. He is knowledgeable in the areas of trusts and estates, wills, and probate. David works closely with clients to develop and execute estate plans, which can include wills, trusts, and other asset protection devices, to help ensure that their wishes are carried out in the most efficient manner possible. He also helps clients manage their incapacity planning, which includes setting up powers of attorney, health care directives, and other important documents. David also assists clients with trust and probate administration. He assists executors and trustees in understanding their roles and responsibilities, and helps them navigate the complex process of administering a trust or estate. He helps ensure that assets are distributed in accordance with the wishes of the deceased and all applicable laws. He is passionate about helping clients protect their assets and make informed decisions when it comes to their estate planning.
Claudia Solis is a Senior Exchange Specialist at First American Exchange Company. She has been providing clients with superior customer service and expertise in 1031 exchanges since joining the company. Claudia has a strong background in real estate and finance, and she is passionate about helping clients with their intermediary 1031 exchange needs. Her goal is to provide clients with the best possible solutions to their exchange needs, while ensuring that all transactions are completed in compliance with IRS regulations. Claudia is an experienced problem solver and she works tirelessly to ensure that all transactions are completed in a timely and efficient manner. She has the ability to identify potential issues and develop solutions to those issues in order to ensure that clients are able to complete their exchanges without any complications. Claudia and her team are excellent communicators and they are committed to providing clients with the highest level of customer service.
Brian Kent is a Certified Public Accountant (CPA) at Wheeler Accountants LLP. He specializes in providing tax and accounting services to individuals and businesses. He works closely with each client to understand their unique financial situation and goals and then provides tailored advice to help them achieve their objectives. He works with clients to ensure that their books are accurate and up to date and that their financial statements are prepared in accordance with the Generally Accepted Accounting Principles (GAAP). He provides comprehensive services for business taxation, including tax preparation and filing. He is also experienced in helping clients with IRS audits and resolving tax disputes. Brian is committed to providing exceptional customer service and is dedicated to helping his clients reach their financial goals.
As an escrow officer at First American Title Company, Maria Herr and her team navigate the escrow process with ease and great efficiency. She is dedicated to providing her clients with exemplary service and taking the necessary steps to ensure that the escrow process is done seamlessly. Maria is responsible for managing the entire escrow process, which includes researching title records, preparing documents, and working with all parties involved. She works hard to make sure that all terms and conditions of the sale are met and that all documents are properly completed and filed. She is a great communicator and highly organized, making sure all paperwork is properly filed to ensure a smooth close. She takes the time to review any issues that may arise and works to come up with a resolution quickly and efficiently. Title and escrow often work hand in hand with our exchange intermediary to ensure a successful 1031 Exchange. Maria and her team are a perfect fit for Claudia and First American Exchange.
As the third-generation insurance broker at Don Williams and Associates, Brendan Williams is committed to helping his clients obtain proper insurance coverage. Brendan works diligently to understand the individual needs of each of his clients and to provide them with a tailored plan. He builds strong relationships with his clients and is committed to ensuring their satisfaction and peace of mind. Brendan is knowledgeable in many areas of insurance, including auto, home, and business. He assists his clients in finding the right coverage at the most cost effective rate. Providing them with the necessary advice and guidance to make informed decisions about their insurance needs to protect their assets.
Narbik Karamanian is an experienced and knowledgeable mortgage broker who specializes in helping people buy and refinance homes at his firm, BeneGroup, Inc. He has been in the business for over 15 years and has a wealth of knowledge and experience to draw upon. Narbik works with his clients to find the best possible loan for their individual scenarios. He can help you secure the lowest interest rate and the best terms when it comes to financing a home purchase or refinancing a current mortgage. With his extensive experience in the mortgage business, Narbik has a strong understanding of the various loan programs and can guide his clients through even the most challenging of circumstances. Narbik is well versed in current market trends and knows how to get the most out of any given loan. He is willing to take the time to explain the details of any loan to ensure that his clients understand their options. As a first time home buyer or even an experienced investor, one can appreciate his willingness to articulate and explain the details of their loan.
Ryan Leeder is a seasoned mortgage professional at Kal Financial. He got his start working with one of the top mortgage advisors in the country, and has since gained a wealth of knowledge and valuable skills working on some of Silicon Valley’s most complex and difficult loans. With 1000+ transactions under his belt, Ryan is one of the most experienced and knowledgeable mortgage professionals in the industry. Ryan’s approach to helping his clients is to provide them with the best possible mortgage solution that fits their needs. He takes the time to understand the goals and objectives of each of his clients and then works with them to find the best product for their situation. Ryan’s expertise in the mortgage industry acquates to a smooth and stress free experience for his clients. Ryan’s deep knowledge of the mortgage industry allows him to quickly identify and address any potential issues before they become a problem. He is always looking for ways to add value to each of his transactions and to ensure that his clients get the most out of their loan.
Carrie Helwick is an experienced and successful family lawyer at her firm, Helwick Family Law. She has dedicated her career to helping her clients through the complexities of high-stakes litigation. She has been practicing family law exclusively since 2008 and has an extensive track record of success in the courtroom. Carrie is passionate about making sure her clients get the best legal representation possible. She is adept at handling a wide variety of issues including divorce, child custody, alimony, and division of assets. Carrie has a deep knowledge of the law and a comprehensive understanding of the court system. She is a fierce advocate for her clients and is well-prepared for any legal battle. Carrie is respected and well-known within the local bench, bar, and community, which enables her to command better results for her clients. She understands the nuances of the law and is able to effectively argue her clients' cases in front of a judge. Carrie's commitment to her clients is unmatched and she is passionate about helping them get the justice they deserve. She is a dedicated attorney who will fight for her clients' rights and ensure that their interests are protected.
Tax-deferred exchanges serve as crucial tools for deferring tax consequences when selling an investment. By rolling capital gains into the subsequent acquisition, individuals can enhance returns, diversify their portfolio, and even streamline its management. Whether you're considering it for retirement planning, estate planning, or capitalizing on market opportunities, it's vital to comprehend how this strategy can positively impact your portfolio.
The Internal Revenue Code, Section 1031 Tax Deferred Exchange, outlines a legal strategic method for acquiring or selling “Like-Kind'' or qualified properties in order to defer capital gains tax. If the Taxpayer meets the criteria as established by the Internal Revenue Service (IRS), then capital gains taxes may be 100% deferred by “Exchanging” property. By hiring an Intermediary the funds from the relinquished property are transferred from the sales escrow account to the Intermediary Account. At the time the replacement property has been identified and it is ready for closing the Intermediary will transfer the funds to the new sales escrow.
The IRS has established timelines for the exchange. With the closing of the relinquished property, you have 45 days to identify in writing the properties you intend to purchase and 180 days (or the due date for your tax return–whichever is earlier) to complete the acquisition of one or more of those properties. In addition, the 45 day identification period and the 180 day exchange period are calendar days.
Points to remember:
Below is a list of properties that are considered to be “Like-kind” property and can be exchanged with one another:
IRC Section 1031 has been in existence since 1921. Over the years, however, numerous modifications have been made to the benefit of the Taxpayer. Initially, a tax break was provided to property owners who were simultaneously trading properties. The theory was that since the nature of the investment for both owners was not changing as a result of the transaction, no taxes should be collected. This method worked well for property owners who wanted to trade their property simultaneously, but this situation was very rare. In 1979, IRC Section 1031 was first questioned. Recognizing that a Simultaneous Exchange was rare, members of the Starker Family brought to court the idea that other methods of property exchange should also qualify for tax-deferred treatment. Historically known as the Starker Decisions, members of the Starker Family vigorously fought to modify IRC Section 1031,making Delayed Exchanges, as well as Simultaneous Exchanges, eligible for tax-deferral. The courts confirmed that an exchange did not need to occur simultaneously to qualify for tax-deferred treatment. This was a monumental decision, but since the courts had made this decision at the state level and not at the federal level, a clear definition of the allowable method of a Delayed Exchange had not been defined nationwide.
Congress modified Section 1031 to provide consistent rules for Delayed Exchanges and in 1991, the Internal Revenue Service finalized regulations, which further clarified the rules under which Delayed Exchanges could be implemented. From these regulations stemmed the Safe Harbor Rules, which Qualified Intermediaries to operate under today.
Delaware Statutory Trusts
A DST (Delaware Statutory Trust) is simply a separate legal entity created under the laws of Delaware to hold title to one or more income producing commercial properties. A DST offering can be any type of commercial property; apartments, retail space, office buildings, industrial parks, etc. Much like a REIT (Real Estate Investment Trust), an individual DST may hold title to multiple properties at one time. Each investor owns a “beneficial interest” in the trust which, in turn, owns the underlying Real Property. This DST interest entitles the investor to his or her pro-rata share of income and appreciation in the DST’s assets.
The DST structure takes management responsibility for the property(s) out of the hands of investors and places it into the hands of a sponsor-affiliated trustee. The rental income generated from the DST properties is distributed on a monthly basis directly to your bank account. Instead of having all your money tied up in one property, DSTs allow you to diversify both geographically and functionally. This is a great option for those looking for passive ownership.
Tax Deferred Cash Out
Instead of having to replace a property with a like-kind property, one can take the proceeds and invest it. You have one of these two options: business or investing in a financial vehicle of choice (mutual funds, CD’s, stocks, annuities, etc). Using the funds to pay off existing debt on other investment properties falls under business use. The investor could choose to buy a much lower priced property in another market and put the balance of the funds in a financial investment vehicle of choice as no replacement loan is needed. With the TDCO strategy, the previous debt is not required to be replaced. That is because the TDCO loan is the replacement
debt. One can simply pay off the debt and invest the balance of the resources as they desire.
In many cases, owners of investment properties no longer want to own those properties and deal with the challenges that come with tenants, laws, and so on. With the TDCO, the owner can sell their investment property and invest it into other financial vehicles that can create passive income from the growth. They might also choose to invest in other passive income business opportunities.
This tool can also be used to rescue a failing exchange. Many 1031 Exchanges fail due to the 45/180 day restrictions not being met, for many reasons. With the TDCO strategy, as long as the 1031 Exchange Accommodator will cooperate and release the funds to the TDCO strategy, then the “failing” exchange can be rescued before it fails. It cannot be used to rescue an already failed exchange. Then, the taxes are deferred for decades as long as the investor follows the TDCO investment guidelines.
Disclosure: While this article provides general information about the two capital gains tax strategies, it does not constitute legal or tax advice. The best way to get guidance on your specific legal issue is to contact a lawyer.
Navigating the probate process can be time-consuming and complex, requiring expertise beyond that of a typical real estate sale. Engaging the services of a knowledgeable probate realtor is crucial in effectively handling the intricacies involved and maximizing the sale of the property. As Certified Probate Specialists, we possess a deep understanding of the unique challenges and sensitive matters surrounding estates. With our support, you can rest assured that we will equip you with the necessary resources and expertise to facilitate a seamless closing, guiding you every step of the way, from the initial stages to the final transaction. Trust us to navigate the complexities of probate with diligence and professionalism, ensuring a successful outcome.
Probate is a court-administered process of distributing a deceased person’s (decedent’s) estate/assets according to their will if one exists or, if there is no will, to the person’s immediate spouse/children/siblings/relatives.
Some years ago, a client was referred to us after she had been appointed Executor of her late father's estate, which included two homes. Having never been tasked with a probate sale, we moved rapidly to educate ourselves on the process and the steps involved in order to best assist her. As a result of this experience we learned two elemental truths. The first being that this process is inherently frustrating and often brings about headache and heartache. Our focus was to make sure we did everything in our power to alleviate stress and provide impeccable client care. The second is that as real estate professionals we can only do so much. In order to extend our client care into the entire process, we needed to form a team of law and tax experts familiar with probate. We now have a team of strategic partners who have proven their ability to overcome any challenge.
After a number of successful probate cases and once we felt confident in our team, we began reaching out to those in a similar situation as our first client. So what began as one probate sale, has now brought years of experience in selling estate property. You can be assured that we can handle your estate with the utmost care and compassion.
An Executor (Executrix if a female) is the person who is named in the Will to take charge of an estate. An Administrator is the person in charge of the estate when someone dies without a Last Will and Testament. Both the Administrator and Executor are subject to the jurisdiction of the Probate Court. The most significant difference between an Executor and an Administrator is that an Administrator’s authority is limited to what the law provides in the statutes. The Executor has all the same legal authority PLUS additional powers that may be granted in the Last Will and Testament.
If an Administrator is appointed with limited authority, court supervision is required to sell, exchange or grant an option to purchase the estate’s real property. Prob. C.§10501(b). An Administrator appointed with full authority may elect to have the sale confirmed by the Court, but is not required to do so.
The Probate process generally takes approximately nine to twelve months to complete. Probate is the only way to transfer real property from the deceased person to the heirs in the event that no trust was set up prior to the decedent’s death.
A decedent’s will may designate the manner in which estate real property is to be sold or identify the particular property to be sold. Absent a court order based upon the best interests of the interested parties to the contrary, the personal representative shall comply with the decedent’s instructions. If the will is silent on these matters or there is no will, the personal representative may select the method of sale and the particular property to be sold. Estate real property may be sold by private sale, public auction, or a different method specified in the will of the decedent (Cal. Prob. Code §§ 10000.3, 10303).
Without full authority under the Independent Administration of Estates Act (IAEA), the minimum offer price for a private sale of real property must be at least 90 percent of the appraised value of the property (Cal. Prob. Code § 10309(a)(3)). If the Personal Representative has full authority then the estate does not have to sell the house for the required 90% minimum of the value.
A client-first mindset and an emphasis on authenticity, not only tends to those looking for something different out of the real estate industry, but has a way of producing extraordinary results for everyone involved.
