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California Probate Code 850

Did you know lawyers sometimes sit around and just think about the law!? Ok, well this lawyer does anyway. Probate Code 850 (in full below) is one of my favorites. It’s one of the most used tools we have in the trust administration world. Just look at the words of who can file a petition and what the scope of the laws are. It’s truly a great tool. For more information on this, and other code sections, please visit my main probate website at www.californiaprobate.info

California Probate Code Section 850

(a) The following persons may file a petition requesting that
the court make an order under this part:
(1) A guardian, conservator, or any claimant, in the following
cases:
(A) Where the conservatee is bound by a contract in writing to
convey real property or to transfer personal property, executed by
the conservatee while competent or executed by the conservatee’s
predecessor in interest, and the contract is one that can be
specifically enforced.
(B) Where the minor has succeeded to the interest of a person
bound by a contract in writing to convey real property or to transfer
personal property, and the contract is one that can be specifically
enforced.
(C) Where the guardian or conservator or the minor or conservatee
is in possession of, or holds title to, real or personal property,
and the property or some interest therein is claimed to belong to
another.
(D) Where the minor or conservatee has a claim to real or personal
property title to or possession of which is held by another.
(2) The personal representative or any interested person in any of
the following cases:
(A) Where the decedent while living is bound by a contract in
writing to convey real property or to transfer personal property and
dies before making the conveyance or transfer and the decedent, if
living, could have been compelled to make the conveyance or transfer.
(B) Where the decedent while living binds himself or herself or
his or her personal representative by a contract in writing to convey
real property or to transfer personal property upon or after his or
her death and the contract is one which can be specifically enforced.
(C)  Where the decedent died in possession of, or holding title
to, real or personal property, and the property or some interest
therein is claimed to belong to another.
(D) Where the decedent died having a claim to real or personal
property, title to or possession of which is held by another.
(3) The trustee or any interested person in any of the following
cases:
(A) Where the trustee is in possession of, or holds title to, real
or personal property, and the property, or some interest, is claimed
to belong to another.
(B) Where the trustee has a claim to real or personal property,
title to or possession of which is held by another.
(C) Where the property of the trust is claimed to be subject to a
creditor of the settlor of the trust.
(b) The petition shall set forth facts upon which the claim is
based.

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