Legal Question in Wills and Trusts in California

Sale of property from estate

My father died in early 2004 after creating a living trust. Unfortunately, he

did not fund it. The trustee filed a Heggstad petition in November of last

year, which was approved in January 2005.

The proposed Heggstad we received from the trustee showed three vehicles

(among other property) constituting the trust. The approved Heggstad I

obtained from the court showed only two vehicles.

I suspect that the missing vehicle and possibly other estate property was sold

or disposed of before the Heggstad was filed (or even drafted). I am now

preparing an asset search.

My question is: can property be sold or otherwise disposed of by the trustee

before the Heggstad is approved? If not, would the trustee be liable and to

what extent? Is that property intestate until the Heggstad is approved?

Thank you for your response.


Asked on 10/26/05, 7:18 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Sale of property from estate

the answers to these questions depend upon the language of the trust, any pourover will and the title of the property in question. you should contact an attorney for a specific answer based on the facts in your situation.

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Answered on 11/03/05, 5:46 am


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