Legal Question in Wills and Trusts in California
Here's a lawyer to lawyer question: When filing a Heggstad petition, venue is supposed to be the county where the principal place of administration is located. (PC17005) My client (succesor Trustee) needs to file a Petition to Confirm Trust Assets for a piece of real property in Fresno County, but the Trustee lives out of state. Does he really have to file in the court of the county and state where he lives (is that even possible- and if so, would the court apply CA law?) or can the county where the real property is located be an option? Would it be fraudulent to use a CA address, such as the address of the real property in question, or the residence address of the decedent (two different counties!) as the "principal place of administration" on the Trustee Notices in order for the CA court to have jurisdiction? Has anyone come across this situation before?
3 Answers from Attorneys
I would argue the property in Fresno is the principal place of business. I realize that's arguable but that would be my position. Good luck!
The principal place of administration can also be determined where the day-to-day activity of the trust occurs which includes the attorneys location under PC 17005(a) "the trustee or its representative." I have filed in Sacramento County - where my office is located - for trust matters where the trustee lived out of state.
Thank you so much, John and Jennifer. Although the words "the trustee or its representative" do not appear in PC 17005, I think the solution you proposed is reasonable- my partner suggested it too (after I posted the question here), but it's reassuring to know it's worked for someone else. I owe you one!
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