Legal Question in Wills and Trusts in California
One account in excess of 100k left out of Trust
My parents recently died. Mom had funded the house into the trust just before her death, and Mom, the longest survivor, told me she thought that I was on a certain bank account, but was going to fund it into the trust anyway to save trouble. She died before she could fund it in. I was not, as it turns out, actually on that account. I am told that I can file a Heggstad petition, even though the account has an excess of 100k, but I can't find a form for it. How DO I actually file? At what point, exactly, in the probate process, do I introduce the Heggstad Petition? What is the process from beginning?
1 Answer from Attorneys
Re: One account in excess of 100k left out of Trust
A 1993 California case, Estate of Heggstad, 16 CA4th 943, 20 CR2d 433, provides exceptions that can avoid probate in certain circumstances. For example, if the trust includes a list of assets and language that constitutes a conveyance, or if the trustor(s) sign an agreement stating that they are assigning all of their assets to their trust, a petition can be filed with the court asking that all of the assets be declared to be trust assets. This procedure, known as a Heggstad Petition, avoids a full probate of the assets that were not transferred to the trust by changing their titles. Whether such a petition will be successful in your case depends upon the existence of appropriate language in the trust agreement itself. You should have the trust document reviewed by a lawyer familiar with the case and its requirements and then decide on the best option.
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