Emergency Probate and Trust Petitions: How We Move Quickly When Time Is Short
When a foreclosure date, a closing deadline, or another emergency requires immediate authority over a decedent’s or trustor’s property, California probate courts have tools for moving quickly. A look at ex parte relief under Probate Code sections 1310(b), 8540, and 850, and how our office uses it in counties across the state.
California's New $750,000 "Probate Shortcut" for the Family Home: What It Really Does (and What It Doesn't)
California's new $750,000 probate shortcut (AB 2016) lets families transfer a primary residence without full probate — saving tens of thousands in fees. But the gross-value rule, title insurance pitfalls, and personal debt liability mean this tool comes with real catches. Here's what every California family needs to know.
When a Stranger Tries to Steal Your Mother’s House: Fraudulent Deeds of Trust in California Probate Estates
A fraudulent six-figure deed of trust appeared on a client's late mother's home — back-dated, forged, recorded by a defunct nonprofit. Here's how we cancelled it before foreclosure, and how to spot the pattern before it happens to your family.
Can “Pay-on-Death” Designations Be Overcome by Evidence of the Owner’s Intent?
Pay‑on‑death (POD) designations are intended to offer a simple way to transfer account assets outside of probate—but what happens when family members argue that the designation doesn’t reflect what the account owner actually meant? A closer look at California’s statutory history and case law suggests that POD designations may not be as ironclad as they appear. Although Probate Code § 5302(b) directs that funds pass to the named beneficiary, earlier versions of similar multi‑party account statutes were consistently interpreted as creating rebuttable presumptions rather than conclusive ones. This history, paired with the Legislature’s decision to strengthen survivorship standards for joint accounts but not for POD accounts, raises an important question: Should courts consider evidence of a decedent’s intent even when a POD designation is in place?
Challenging a California Trust on Grounds of Incapacity or Undue Influence: What the Law Requires—and What It Takes to Prove
Learn what it takes to successfully challenge a California trust based on incapacity or undue influence. This article breaks down the legal standards under the California Probate Code, explains the evidence courts rely on, and outlines how statutory presumptions can shift the burden of proof in trust‑litigation cases.
Fast-Track Your Trust Fix: Ex Parte Heggstad Petitions
If a property or account was left out of a California trust, an Ex Parte Heggstad Petition may offer fast legal relief—often in just days. Learn how the Law Office of Ravi Patel helps clients avoid probate delays, stop foreclosures, and secure urgent court orders with no upfront fees.
How to Win a Heggstad Petition in Los Angeles County
Learn how to successfully file and win a Heggstad Petition in Los Angeles County. This guide covers venue rules, filing procedures, required evidence, and common mistakes—plus tips for faster court approval. Written by an attorney with extensive experience handling Heggstad Petitions in L.A. probate courts.
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.
Emergency TROs to Stop Foreclosure in Heggstad Cases
Facing foreclosure on a property that should have been in a trust? Learn how an Ex Parte TRO can stop the sale and protect trust assets while a Heggstad Petition is pending. This guide explains the legal process, notice requirements, and real-world strategies based on successful cases.
Trust or Not to Trust? Smart Moves in Estate Planning
Unlock the full potential of your estate plan with a trust. Discover when a trust is essential—protecting minor children, streamlining property transfers, shielding assets from MediCal claims, and empowering professional trustees. Learn the key benefits and scenarios where a trust goes beyond a simple will.
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.
How do I disinherit my sibling?
Consider adding these terms to your estate plan if you are considering disinheriting a troublesome sibling.
Trust Administration: First steps to Administer a House as Successor Trustee
Trust Administration: First Steps to Administer a House as Successor Trustee.
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.
How to win a Heggstad Petition in Orange County
How to win a Heggstad petition in Orange county.
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 of the heirs entitled to notice? Search, search, and search some more.
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.
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.
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.