Legal Question in Wills and Trusts in California
Mother had a revocable trust prepared. She was the Settlor/trustor and beneficiary while living. Schedule A, lists the real property, which she did not transfer to the trust. I am her only child and beneficiary. Since her intent was to transfer the property, how do I get the court to include the real property so I don't have to start a probate action?
Elaine Bender
2 Answers from Attorneys
You likely need to file an 850 petition in the probate court. It's also called a Heggstad petition. I file these throughout the state and "appear" in court via Courtcall. I am very efficient and affordable. I file a lot of heggstad petitions. I am a certified specialist in probate law. I apologize for typos but am on my iPhone. Call me Monday morning to discuss your case. -John
Attorney Palley is correct. The correct Petition is a Heggstead. Basically it states that the intent of the settlor was to include the property in the trust. Because a trust is basically an intent driven instrument, the non-inclusion in the trust or the failure to transfer title is not fatal.
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
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