Legal Question in Wills and Trusts in California
A property was taken out of Trust to do a refinance. It was not put back into the Trust as owner intended and now owner is deceased. The Executor of the Trust wants to sell the property. What needs to be done to be able to legally sell the property.
2 Answers from Attorneys
You can probably do a Heggstad petition to get an order putting it back into the trust--this should be cheaper than probate.
You should probably retain a lawyer to help you analyze the situation. Not all properties outside of the trust will meet the requirement for a Heggstad petition, in which case a probate will be required. Note that a challenge to the petition becomes much greater if the beneficiaries under the trust are not the same as the beneficiaries under the will or if the settlor of the trust died intestate.
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