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Heggstad for non-California assets part deux

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 […]

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New California Probate Code Section 851

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 […]

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Carne v. Worthington (2016) 246 Cal.App.4th 548 – Heggstad petitions with trusts

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 […]

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Heggstad petition v. full probate after death of first spouse

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 […]

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NEW Heggstad Petition Case

I got notice a couple weeks ago of a new case to help get Heggstad petitions approved. That is, petitions brought under California probate code section 850. The case is: Ukkestad v. RBS Asset Finance Filed  March 16, 2015, Fourth District, Div. One Cite as C065630 Here is the summary I received: Settlor established a Trust which […]

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California Heggstad Petitions and Kucker v. Kucker

I recently had the following calendar note in a probate case in Alameda County. We had filed a Heggstad petition, pursuant to California probate code 850, to get two properties into a trust after death. I should clarify our firm had NOTHING to do with the case before death. We pride ourselves on helping our […]

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Lack of trust funding and the small probate estate

INTRODUCTION It seems a day does not go by without speaking to a potential new client regarding their parent’s trust not being properly funded. There are different reasons this happened but the end result is they need to hire an attorney. This blog post focuses on the interplay of the small probate estate and funding […]

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Getting creative in a Heggstad petition

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 […]

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Hire experience not off a list

I often clean up other attorneys work after death.  I have one right now that is very typical of what I see.  Couple in their early 40′s find out the husband has terminal cancer so they immediately seek out an estate planning attorney to protect the wife and young child. The husband’s employer has some […]

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Assigning note and deed of trust to a trust

I am working on a case right now which reminds one of the importance of fully funding your trust. The decedent was owed money (i.e. a promissory note) but failed to transfer that to their trust. They died.  After death the people stopped making payments on the note. The family wants to foreclose but guess […]

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