Heggstad petitions are a special petition that require great precision. They are not to try on your own or even without the counsel of a very experienced California probate lawyer. This is simply not an area to dabble in as an inexperienced attorney has little chance of success. There are a lot of important elements to include in your petition but here are 3 key elements to increase your chances of success:
1) Asset specifically listed on the schedule of assets and signed by the decedent – This is what the Estate of Heggstad case provided so it’s easiest if your facts align with THE case.
2) Other written intent – The case provides for a writing on the schedule of assets but any other specific writing, showing intent, should also work. The best is if it’s in the trust and not a separate document.
3) Make it easy for the Judge – If everybody with potentially adverse interests consent and there is a pour over will the Judge is more likely to agree to it.
Let’s talk about your case and see if you have what is needed for a successful California Heggstad petition.