Legal Question in Wills and Trusts in California

My dear friend had a living trust and I was named as trustee and given one third of her estate. The trust lists an account in name and account number but I was never added as beneficiary with the company. Would a Heggstad Petition help my cause? Is there any hope that my friends wishes will be carried out?


Asked on 8/05/10, 1:28 pm

2 Answers from Attorneys

A Heggstad Petition would be the way to go.

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Answered on 8/10/10, 2:51 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

The purpose of a Heggstad Petition is to transfer property into a trust where the settlor indicate an intention to do so but never actually took the steps required to do so. If the account was transferred into the name of the trust by your friend, which is not clear from your question, as successor trustee you should be able to direct the disposition of the account. If not, than a Heggstad may be required. If I can be of assistance, please do not hesitate to contact me.

Jon Reich

310.478.2541

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 8/11/10, 2:24 pm


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