Who gets notice of a Heggstad Petition?
A Heggstad Petition allows a successor trustee of a trust to claim property inadvertently left out of a trust.
Most commonly, Heggstad Petitions are used by successor trustees to claim homes or other real property that were listed in a decedent’s trust but were not properly deeded to the trust in a recorded document. But Heggstad Petitions can also be used to claim other property, such as bank accounts, investment accounts, and personal property that should have been included among the trust property.
Your Heggstad Petition won’t go anywhere if you do not give proper notice. Depending on the type of assets, the decedent’s family tree, and other factors, many people may be entitled to advance notice of your Heggstad Petition hearing date.
In most Heggstad Petitions, the court will not issue an order unless and until the following people are given 30-day advance notice of the hearing date:
All Trustees: Normally, the successor trustee brings the Heggstad Petition. But if there are any other trustees, or if the Trust names any successor trustees who may serve after the current trustee, then they must also get notice of the petition.
All Beneficiaries: Any of the beneficiaries of the trust must get notice of the petition. Ideally, the beneficiaries should be readily ascertainable. Hopefully you know them. If not, the successor trustee should start tracking them down immediately.
All Heirs: Even if they are not beneficiaries of the trust, all of the decedent’s heirs-at-law, including all of their children, and sometimes grandchildren. This is where some Heggstad Petitions can get tricky. Heirs who were left out of the Trust may see an opportunity to file an objection and try to claw back some portion of the inheritance. Although it may be tempting to not give notice to disinherited siblings, that decision could come back to bite you later on. It is better to give the proper notice and deal with the consequences.
Anyone Living in the Property. If you are trying to claim a house that is being rented, the current tenants should receive notice of the petition. It might be good to have the manager inform the tenants that the Heggstad Petition will not affect their lease terms. People living in trust property may be entitled to personal service of notice.
More people may be entitled to notice in your particular situation. Consult with an attorney before issuing your Heggstad Petition notices.
