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Information about Probate Code Section 17200 (including "Heggstad" petitions) and administering trusts is developing now. If your question isn't answered give us a call ASAP! 888.920.5983 x405 or 916.920.5983 x 405 HEGGSTAD PETITION Sometimes spelled a number of different ways (Hegstead, Heggstead, Hegsted, Hogshead, etc...) but the correct spelling is HEGGSTAD. It stems from the Estate of Heggstad, a 1993 California case (16 Cal. App. 4th 943) which allowed the inclusion of assets into a trust AFTER DEATH. That is, the decedent failed to transfer all of his assets to his trust prior to dying. The Court held that having the assets listed on a schedule of assets, attached to the trust, was enough to show the decedent intended to include the assets in the trust. This rule of law has been expanded to include assets that are not listed on a schedule of assets but the decedent has shown other written intent to include assets in trust such as by the use of a general transfer statement as we do with all of our trust clients!
OTHER TRUST PETITIONS In addition to Heggstad petitions other common petitions include petitions to fill a vacancy in the trustee's role, petitions to instruct the trustee when the trust instrument is not clear and petitions to transfer assets. We are familiar with trust petitions so call us first!
TRUST ACCOUNTINGS Protecting yourself as the trustee is important. Hiring a law firm that understands what must be done is how you achieve that protection after death! Call us to discuss trust accountings, PC 16016.7 notice and other such requirements. 888.920.5983
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