Back in 2012 I was brought in to consult on a Nevada trust litigation case. It was a hotly contested case where one side was attempting to use the California Heggstad law to move NEVADA real estate. As an expert on the California Heggstad laws I was brought in to advise. In fact, my blog was quoted in Court papers in that case!
The California Court gave the trustee a Court order to deal with Nevada real property. The trustee then went to Clark County and recorded a deed in furtherance of his court order. From there it ended up back in court and got messy!
I am not saying Heggstad is the answer to move out of state real estate. The other state’s probate rules might be easier. However, it’s an option to keep in mind for the right case.
Should you need to move real estate, after death, into a trust in California or another state talk to me about a California Heggstad Petition!
See my 2018 update on this topic “part deux.”