Legal Question in Wills and Trusts in California

Re: Hagstead petition

The Estate of Heggstad is a case that dealt with the intent of a person to transfer assets to a trust. We can often use that case in a petition to transfer assets to a trust without using the full probate process. It can be much cheaper! I am an expert on these petitions and file them throughout the state. Please call me if you would like to discuss your case. -John

Re: Hagstead petition

In Heggstad, the decedent had created a valid revocable living trust naming himself as trustee. Attached to the trust document was a document titled �Schedule A� which identified all the trust property including decedent�s interest in several parcels of real property. Decedent executed separate grant deeds transferring the properties to himself as trustee, except for one. Decedent�s surviving spouse claimed that the one parcel of real property was not part of the trust because decedent never formally transferred the property by separate deed to the trust. The Court of Appeal upheld the probate court ruling that the trust document was sufficient to create a trust in the subject property and no formal transfer of the property by separate deed was required.

The Heggstad Court, in reviewing applicable trust law, found that �[t]o create an express trust there must be a competent trustor, trust intent, trust property, trust purpose, and a beneficiary.

The settlor can manifest his intention to create a trust in his property either by: (a) declaring himself trustee of the property or (b) transferring the property to another as trustee for some other person, by deed or other inter vivos transfer or by will.

These two methods of creating a trust are drawn from section 17 of the Restatement (Second) of Trusts and are further codified in California Probate Code, Section 15200.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.