Legal Question in Wills and Trusts in California
My mother had a trust and did not have to file a probate case.. However, one rental property was not listed in the trust. Now to sell it, we're being told we need an Order of Succession.
2 Answers from Attorneys
A court proceeding is therefore required. You may be able to get the necessary order by filing a Heggstad petition -- it is not possible to say without knowing more about your situation. If the petition will not work, you will need to put the rental property through a probate proceeding.
If the property is outside of the trust, then it's necessary to either probate the estate, or, if the property is located in California, it may be possible to petition the court and obtain an order declaring the property to be held within the trust, if the property was listed on the Schedule of Trust Assets attached to the trust document. You should review this with a trusts and estates attorney in your community.
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