In homage to the great American movie starring Charlie Sheen and Lloyd Bridges among others, Hot Shots Part Deux, I bring you part deux on Heggstad petitions for non-California assets. This is a question I get asked about it a lot. Since it was almost 6 years ago that I put up a post on this topic I thought I should update.
I consulted with Joseph J. Powell, the Nevada attorney who I originally worked with on this matter, to confirm some details. Here are his words on the matter:
What the situation was was that the trustee for the Trust, a CA trust, had gotten a Heggstad order issued by the CA court in regard to NV property, located in Las Vegas. The trustee then acted on that order and had the title changed in NV, through the Clar
Attention probate attorneys and do-it-yourselfers:
If you are utilizing California probate code 850 to do a Heggstad petition or other utilization of this broad code section be careful on your notice of hearing! As of January 1, 2018 there is a new California probate code section 851. I will paste it below.
I have highlighted in red the key changes. This is important because failure to follow this will most certainly give you a delay of a month, or more, in your hearing!
If you have any specific 850 or 851 questions it's possible I can help. Let me know.
Prob C § 851. (a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner
You likely know that CaliforniaProbate.info tries to stay up on all "Heggstad" related news. As the owner of www.heggstadpetition.com it is imperative that I keep up-to-date on these cases. We advise clients, and potential clients, almost daily about the nuances of a Heggstad petition.
As you likely know a "Heggstad" petition is a probate court petition brought pursuant to California Probate Code 850. The primary goal of a Heggstad petition is to get an asset into a trust that was not properly titled as such. The common scenarios we see are:
1) the person set up the trust themselves, without the aid of an attorney, and failed to properly "fund" the trust;
2) the person set up the trust with an inexperienced or sloppy attorney who did not help the client properly fund the trust;
I spoke to a potential new client recently who has a very common scenario. For this blog we will call them Mr. and Mrs. Smith. He and his wife have a trust from the early 1980's. It appears to be a fairly standard trust. Along with it they also have "pour over" wills as most people have. Mrs. Smith died recently with an asset out of their trust.
In about the year 2000 they bought a home together in the Sacramento area. They bought the home "as community property." That is the deed says "John Smith and Jane Smith, husband and wife as community property." Unfortunately the CP with right of survivorship law had not come into effect in that year. Thus California did not yet have an automatic community property ownership option yet.
As a probate attorney when I see husband and wif