- videocam Live Webinar with Live Q&A
- calendar_month September 17, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Estate Planning
- schedule 90 minutes
Real Property Transfers in Estate Planning: Tax Rules, Transfers in Trust, Community Property, Creditor Rights
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About the Course
Introduction
This CLE course will guide trusts and estate attorneys on various rules and implications of transferring real property in estate planning. The panel will discuss critical estate planning techniques to limit adverse legal and tax consequences of transferring real estate, transfers to trusts and use of LPs and LLCs, and the impact of homestead laws, community property or joint-owner consent, and creditors' rights. The panel will also discuss structuring real estate transactions to minimize potential estate planning issues.
Description
Real estate, often the most valuable asset in an estate plan, demands early and careful planning to maintain the benefit of appreciation gained over a lifetime and, in some cases, generations. Estate planners must identify key issues stemming from real property transfers in estate planning and implement strategies to avoid unintended consequences for clients.
Estate planning goals for real estate include tax minimization, transfer of wealth to future generations, asset protection, diversification, and charitable giving. However, these goals must be in sync with the testator's need to control and/or use the property. This delicate balance introduces a level of complexity that experienced estate planning counsel must be prepared to handle.
Additional characteristics of real estate that require consideration are the potential adverse legal and tax consequences of transferring real property. Careful attention must be made to state taxes and homestead laws, community property and joint-owner consent, and creditor rights. Furthermore, valuation, cash flow generation, and ownership by closely held entities or trusts are also real property matters impacting estate planning.
Listen as our experienced panel discusses the various disposition options for real estate in an estate plan. They will focus on techniques such as outright transfers with and without consideration, transfers in trust, and LPs and LLCs. The panel will also outline income tax planning considerations.
Presented By
Ms. Scharre is a Certified Specialist in Estate Planning, Trust and Probate Law by the California Board of Legal Specialization. Her practice focuses on sophisticated wealth transfer strategies for high net worth clients, including founders, individuals at startups, and clients with large real estate portfolios. Ms. Scharre's prior practice at a boutique trusts and estates firm makes her uniquely equipped to solve both the legal and tax issues that families face as well as the practical issues of family dynamics, succession planning, and wealth preservation. Her estate planning practice includes working with clients to develop and execute their legacy goals including drafting estate planning and entity documents. Ms. Scharre also represents fiduciaries and beneficiaries in all aspects of trust and estate administration including preparation of trust accountings and estate and gift tax returns. She also provides advice on property tax issues for clients with large real estate portfolios and provides strategies to limit reassessment. Ms. Scharre is a prolific speaker and provides informative presentations regarding estate planning, charitable giving, and special needs issues to professional organizations and her local community. She has been a Lecturer at both Santa Clara School of Law and UCSC Extension. Ms. Scharre serves on the Executive Committee of the Trusts and Estates Section of the California Lawyers Association and on the Board of Trustees of the Silicon Valley Bar Association (SVBA), where she is also Treasurer. She previously served as Executive Committee Chair and Education Co-Chair of the SVBA. Ms. Scharre is a member of the Estate Planning, Trust and Probate Section of the State Bar of California.
Mr. Schwefel is a partner at Murtaugh LLP and advises fiduciaries, families, business owners, and nonprofit organizations on trust and estate matters where legal complexity intersects with real-world decision-making. His practice spans estate planning, trust administration, and trust and estate litigation, allowing him to guide clients through the full lifecycle of wealth transfer, business succession, and dispute. Mr. Schwefel is often brought in when situations become sensitive or high-stakes, including breakdowns between beneficiaries, scrutiny of fiduciary decisions, or estates involving closely held businesses, significant real estate holdings, or charitable interests. He frequently works with business owners in advance of liquidity events, helping them evaluate and implement estate planning strategies prior to a sale to preserve wealth and maximize available tax efficiencies.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Thursday, September 17, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Key estate planning considerations for real estate owners
II. Options for use or allocation of income
III. Transfers in trusts
IV. Use of LPs and LLCs
V. Tax issues
The panel will review these and other key issues:
- Under what circumstances are outright dispositions appropriate? What tools are available when there is consideration and when there is not?
- What options are available for a testator who wants to retain control over the real estate?
- When are trusts appropriate for the disposition of real estate? What types of trusts are most appropriate?
- What methods are available to minimize tax implications of real property transfers in estate planning?
- What concerns stem from homestead laws, community property, and creditors' rights?
- How can you structure real estate transactions to minimize the potential impact on estate planning?
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