The Trust Lifesaver: What is a Heggstad Petition?
Imagine this scenario: Your parents spent weeks working with an attorney to set up a comprehensive living trust. They signed the paperwork, breathed a sigh of relief, and assumed their estate was safe from the expensive nightmare of probate court.
Years later, they pass away. As the successor trustee, you dig through their files only to discover a major problem: while they listed their family home in the trust, they never actually changed the title of the home into the trust’s name.
Legally, the house is still sitting in their individual names. Does this mean the estate is headed straight for a probate?
Thanks to the Heggstad Petition, the answer is: not necessarily
What is a Heggstad Petition?
A Heggstad Petition is a legal request that asks a probate court to declare that an asset is part of a trust, even though it was never formerly retitled before the creators passing.
What Goes into a Heggstad Petition?
- Clear Written Evidence of Intent
You must show the court that the deceased fully intended for the asset to in the trust.
All original trust documents that the creator holds.
- Heggstad Petition Notice
This notice informs heirs and beneficiaries that a court request has been filed, to move a forgotten or un-title asset into an existing living trust. This notice must be sent to all interested parties sat last 30 days prior to the court hearing.
Key Factors to Consider
Each county may have their own court rules and documentation expectations. While it does seem to be a straightforward process, it is not always guaranteed. It is important to have the necessary documents that show intent and the correct forms when it comes to court documents. This of course could have been avoided if the attorney your parents hired did the job correctly and thoroughly.
At Bazikyan Law Group, we don’t assign our clients the task of transferring their assets. We handle it all from A to Z when creating a comprehensive estate plan.
We’re Here to Help
Contact us today for a consultation on submitting a petition or creating an estate plan.
We offer free consultations to help you get started.
