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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 recited that all of his “right, title and interest” to “all of his real … property” is included in the Trust’s assets.  After the Settlor’s death, the Co-Trustee brought a petition under Prob. C. § 850 for an order that two parcels held in the name of the Settlor were part of the Trust.  In reversing the trial court’s denial of the petition, the appellate court noted that a Heggstad petition will lie if the owner of the real property is the settlor creating the trust with him or her as trustee and if the transfer of the real property complies with the statute of frauds. Held, the recital in the Trust satisfied the statute of frauds because it could be established by extrinsic evidence that the Settlor held title to the parcels.

More information can be found on the Court’s website.

It is my experience, after successfully filing dozens and dozens Heggstad petitions that each new case, like this one above, help us. Each new case supports us in our quest to help our clients avoid full probates!

You can always turn to our website at www.heggstadpetition.com for the latest on California probate code 850 Heggstad petitions.

-John