Legal Question in Wills and Trusts in California

You have obviously done a bit of research as a Heggsted Petition is a pretty technical legal procedure. One suggestion would be to step back and determine if having your mother's assets distributed through the trust changes anything? Are there significant assets and would the assets go to the same family member beneficiaries with or without the trust? On the other hand, if you are the successor trustee then you have a fiduciary duty to make sure that the trust's distribution scheme is carried out. The trust may be able to afford to pay for the cost of the Petition. You should definately sit down with an attorney to discuss your options. Most Counties have Bar Association referral programs that offer low cost consultations.

While you do not need an attorney to do a Heggstad it's a lawyer drafted petition and is customized for each case. I suggest you talk to an attorney who does a lot of Heggstad petitions. I do a large amount of Heggstads throughout the state and "appear" in Court by CourtCall which is oftne cheaper than having a local attorney drive to the Courthouse. More importantly, I am really efficient and relatively affordable. Call me to discuss your case. -John