Legal Question in Wills and Trusts in California
My mother passed away a few weeks ago and apparently had not updated her will for many years. As such, we found she had stock valued at $500,000 not included within her will, but did have the pour over clause.
We are planning on speaking with a probate lawyer, but to go into the discussion more knowledgeable, I would like to know if a Heggstad Petition would be applicable in this scenario to avoid a full probate? Or is there any other information we should gather when going to the meeting? Any information is greatly appreciated.
-Alan
2 Answers from Attorneys
Call me! A Heggstad should work. I am an expert at filing Heggstad's and file them throughout the state. -John
My condolences on your loss. Success with a Heggstad petition depends on the language of the trust and also the county you are filing in. Most courts will require you to show an intention by the settlor to transfer the stock to the trust, either in the form of a general declaration of assignment or by reference to the specific asset. Bring your attorney copies of the trust and will... he or she will also want to know how title to the stock is held and when it was acquired by your mother.
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