We have talked before about the basics of a Heggstad petition. You have assets outside of a trust, after death, and want to get them into the trust without a full probate petition. A Heggstad petition, pursuant to California probate code 850, is an incredible way to achieve this goal.
The key with a Heggstad is showing INTENT! That is, showing that the decedent really did intend for the assets to be in the trust. This is often established by an asset being listed on an attached schedule of assets, a mention of the asset specifically within the trust, or a separate general transfer document.
However, what else can you look for? Certainly mentioning the pour over will is a good idea as it shows intent. Another idea I was able to employ recently in a Heggstad petition was looking at the decedent’s written wishes given to the estate planning attorney. The attorney, unfortunately, failed to follow those written wishes. However, luckily the widow has hired me to clean up the mess left behind by the former attorney.
I am liking the chances of success as the decedent wrote his wishes in his own handwriting. It clearly shows written INTENT to get the assets into the trust.
If you want to discuss your post-mortem trust funding situation with a qualified Heggstad attorney call me! -John