Legal Question in Wills and Trusts in California

Can I Heggstead if others claim contrary evidence?

My father passed, failed to deed his house into his trust, even though the trust shows on Schedule A that the house should be in it. At the time he created the trust he also set up a prenup which stated his intent to allow his soon to be new wife a life estate under certain conditions after he passed (also stated in the trust), but clearly focused on the fact that the house was his separate property. Both the trust and prenup state the house will eventually go to his children. However, a few days BEFORE the trust and prenup are signed, my dad signed a deed to add my brother to the house under joint tenancy. He married after signing. The deed was correctly notarized but not recorded until after our father's passing.

- Can the widow use Heggstead to put the entire property into the trust? Can she use Heggstead to put half the property into the trust?


Asked on 4/15/06, 1:27 am

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Can I Heggstead if others claim contrary evidence?

Section 662 of the Evidence Code provides: "The owner of the legal title to property is presumed to be the owner of the full beneficial title. This presumption may be rebutted only by clear and convincing proof."

you will need to consult an attorney to obtain an opinion as to whether or not you have "clear and convincing" evidence under these facts.

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Answered on 4/21/06, 12:45 pm


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