Legal Question in Wills and Trusts in California

Hagstead Petition

What is a Hagstead Petition? And also an Abstract of the Trust.


Asked on 11/09/04, 12:26 pm

3 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Hagstead Petition

A Hegstead Petition is made in the probate court of the county in which the person resided at the time of death. It is to place into the trust property which was not placed into the trust prior to the persons passing away. The requirements are that there be a trust document with a schedule showing the specific assets which are to be transferred into the trust as well as a pour over will, both valid documents signed, notarized if necessary and dated as well as being witnessed in the case of the will. An abstract of trust is a document which is recorded which gives third parties knowledge of the existence of the trust showing the person who is the trustor, the trustee, the date of the trust and the name of the trust and one other information is desired to be made public. Most attorneys do not even file of this abstract which makes it much more difficult for heirs once the person passes away. There is no code requirement in California applicable to want and the document must be signed and notarized because it has to be recorded.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

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Answered on 11/10/04, 1:21 pm
Scott Linden Scott H. Linden, Esq.

Re: Hagstead Petition

Hegstead Petition is �17200 of the Probate Code:

Text of this is available here:

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=0305694792+0+0+0&WAISaction=retrieve

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Answered on 11/09/04, 2:46 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Hagstead Petition

An abstract of trust in California is referred to as a certification of trust and is used to provide information regarding a trust to third parties (without providing the entire trust document).

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=18001-19000&file=18100-18104

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Answered on 11/09/04, 3:40 pm


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