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Fixing Property Left Out of a Trust

When property is accidently left out of a trust, a Heggstad petition can be used to get a court order confirming that the asset is actually part of the trust estate. A Heggstad petition can help keep the house or account left out of the trust from having to go through probate.

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How to Write a Heggstad Petition

Sample Heggstad petition form and examples of key Heggstad petition terms and allegations. Although seemingly straightforward, a Heggstad petition requires consideration of numerous technical details. Because many petitions are uncontested, courts are particularly concerned with making their own effort to confirm that petitions meet all requirements.

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How do I disinherit my sibling?

Consider adding these terms to your estate plan if you are considering disinheriting a troublesome sibling.

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Three Reasons Not to Create a Living Trust

Three reasons not to have a living trust.

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Trust Administration: First steps to Administer a House as Successor Trustee

Trust Administration: First Steps to Administer a House as Successor Trustee.

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Probate Alternatives for Low Value Land: Small Estate Affidavit for Real Property DE-305

Probate alternatives: filing a small estate affidavit for low value land.

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How to win a Heggstad Petition in Orange County

How to win a Heggstad petition in Orange county.

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How can I track down missing heirs for a Heggstad Petition?

A court won’t give you an order without notice. So what do you do if you can’t find a handful fo the heirs entitled to notice? Search, search, and search some more.

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What happens at a Heggstad Petition hearing?

You’ve given notice, proved up the assets, and waited patiently for a hearing date. Next, you finally get a hearing. Now the judge will hear your petition and make a ruling.

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Who gets notice of a Heggstad Petition?

Trustees, beneficiaries, heirs, and more are entitled to notice of Heggstad Petitions. Make sure everyone entitled to notice of your petition gets properly served.

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Poor Descriptions of Trust Property

Even if a trust does not describe an asset with precision, a Heggstad Petition can still claim the property without a probate.

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How long does a Heggstad Petition take?

A Heggstad Petition can take anywhere form 3 months to a year, depending on the county of filing.

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Descriptions of property for Heggstad Petitions — What’s enough?

If a trust only identifies property by general references, a Heggstad Petition can still help a successor trustee avoid probate.

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Where should a Heggstad Petition be filed? —Venue in Probate Code 850 petitions.

Where should your Heggstad Petition be filed? You might assume that it has to be in the county where your deceased relative lived or in the county where the property is located. But, in most cases, neither of those details matter!

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How to Win a Heggstad Petition

Heggstad Petitions help successor trustees claim property that was accidentally left out of a trust. Schedule a free consultation today to hear about our flat fee, contingency-based Heggstad Petition services.

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Estate Planning for Unmarried Partners

Unmarried partners face unique challenges when planning their estates. Without some of the protections of traditional marriage, unmarried life partners need to be especially careful. Learn about the steps you can take to protect your non-spouse partners in the event you die or become incapacitated.

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Community Property and Estate Taxes

Most couples don’t track their separate and personal property, but the distinction can become crucial when one spouse dies. Learn some tips and tricks for guarding the fruits of your marriage.

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Characterization of Community Property and Seperate Property

What’s mine is yours? Not always, even in marriage. Learn about the difference between community property and separate property and how to identify which categories your assets fall into.

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Holding Joint Title to Property in California

If you hold title to real property along with someone else, you should be aware of the different methods for holding joint property. Learn about the different options for holding title and how to select a form holding title that maximizes your estate planning objectives.

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What’s in a Will?

Wills are the foundation for any comprehensive estate plan. Learn about the essential features of wills and how to begin your long-term planning.