A Heggstad petition is a legal process used in California to confirm that property intended to be held in a trust can be transferred into the trust when title was not completed before a trustmaker’s death. This service guide explains when a Heggstad petition is appropriate, how it interacts with common estate planning documents like revocable living trusts and pour-over wills, and how it helps families resolve ownership disputes without unnecessary delay. We focus on the practical steps and documentation typically used in Contra Costa County and surrounding areas, helping clients understand the pathway to transferring assets to a trust under California law.
When real property or financial accounts remain in a decedent’s name despite clear trust documents and a general assignment to a trust, beneficiaries and trustees may need to petition the court to recognize the trust’s interest. The Heggstad process is often used to obtain judicial confirmation that those assets belong to the trust and to direct their transfer to the trustee. This overview outlines common evidence, possible outcomes, and the role of trustee actions, including certifications of trust and trust modification petitions, to bring assets into trust administration without opening formal probate proceedings in Tara Hills and nearby communities.
A successful Heggstad petition can save time and expense by avoiding a full probate administration when assets were intended to be held in a trust but were never retitled. The petition seeks judicial recognition that the decedent intended the property to be governed by the trust documents, based on the totality of surrounding evidence. This can provide clear legal title for trustees to manage or distribute assets, reduce uncertainty for beneficiaries, and facilitate timely settlement of the trust’s affairs. In many cases, resolving these issues through a Heggstad petition can preserve estate value and reduce the stress families face during administration.
Our office assists clients across Contra Costa County and the Bay Area with trust administration matters, including Heggstad petitions and related trust filings. We prioritize clear communication, thorough document review, and careful assembly of the factual record needed to support a petition. We work with trustees, beneficiaries, and family members to gather deeds, assignments, trust documents, account statements, and affidavits that demonstrate intent for property to belong to the trust. Our approach emphasizes practical solutions to restore title, minimize delay, and protect the financial interests of those involved in settling a trust.
A Heggstad petition asks the probate court to determine that particular assets should be treated as trust property despite remaining in the decedent’s name at death. The petition typically explains the trustmaker’s intent, shows trust documents such as a revocable living trust and any general assignment of assets to trust, and presents supporting evidence such as deeds, beneficiary designations, or account histories. The court evaluates whether the decedent intended the asset to be included in the trust and whether the trustee should have authority to manage or distribute it under the trust’s terms.
The Heggstad procedure is distinct from full probate because it focuses on a specific question of ownership rather than administering an entire estate through probate. In many cases, a Heggstad petition can be resolved without opening a larger probate estate, which can help reduce costs and avoid protracted proceedings. Trustees and beneficiaries should be prepared to present a clear evidentiary record, including trust documents, affidavits, and records showing the decedent’s intent, to support the request for judicial confirmation that assets belong to the trust.
A Heggstad petition is a court action that asks the probate court to declare that specific assets are part of a trust even though title remained in the decedent’s name at death. This remedy is often sought when a decedent completed a revocable living trust and intended certain property to be managed there but failed to re-title deeds or accounts. The petition relies on trust documentation, declarations, and other corroborating evidence to show that the trustmaker intended the trust to control the property. The outcome is an order that allows the trustee to take title and manage or distribute the asset under the trust terms.
To pursue a Heggstad petition, the petitioner typically compiles the trust instrument, any pour-over will or general assignment, a certification of trust or comparable summary, deeds or account records, and sworn statements evidencing intent. The petition must explain the factual basis for believing the asset belongs to the trust and request the court’s declaration. The court process may include notice to interested parties, a hearing, and the presentation of evidence. If granted, the court’s order allows the trustee to record new documents or effect transfers to place the asset formally into the trust’s name.
Understanding common terms helps trustees and beneficiaries navigate a Heggstad petition. Relevant concepts include the revocable living trust, pour-over will, general assignment of assets to trust, certification of trust, trustee powers, and judicial declaration of trust ownership. Knowing what each item means and how it supports a petition strengthens the factual record and clarifies expectations about possible outcomes. Below are concise definitions of frequent terms you will encounter during trust administration and when assembling documents for a petition.
A revocable living trust is a legal arrangement in which a person transfers ownership of assets into a trust during life, retains flexibility to manage or revise the trust, and names a successor trustee to manage assets after death. Trust documents specify how assets are to be managed and distributed to beneficiaries. When property is correctly titled in the trust’s name, the trustee can administer assets without probate. A Heggstad petition addresses situations where the trust document exists but some assets were not formally retitled into the trust prior to the trustmaker’s death.
A general assignment to trust is a document that attempts to transfer assets into a trust by listing property or delegating management rather than retitling each asset individually. It is often used in conjunction with trust documentation to demonstrate the trustmaker’s intent to include specific property. Courts will examine such assignments alongside deeds, account records, and testimony when determining whether an asset should be treated as trust property under a Heggstad petition. A clear assignment can be persuasive evidence of intent to include the asset in the trust.
A pour-over will functions as a safety net, directing that any property remaining in the decedent’s name at death be transferred into their trust. While it can keep assets intended for the trust from being distributed outright under probate, a pour-over will often triggers probate for those specific assets. In contrast, a Heggstad petition seeks judicial recognition that assets were already intended for trust ownership so that a full probate administration may be avoided. The court will consider the pour-over will as part of the overall evidence of intent.
A certification of trust is a summary document that provides essential information about a trust without revealing sensitive provisions. It typically identifies the trustmaker, the trustee, and the trustee’s powers, and it may be presented to financial institutions or county recorders to facilitate transfers. In Heggstad proceedings, a certification of trust can help establish the existence of a trust and the authority of the trustee to take action on behalf of the trust, serving as an important supporting document in the court’s assessment of asset ownership.
When assets are left in a decedent’s name despite trust documentation, families typically consider multiple options: initiating a Heggstad petition, filing a limited probate to transfer specific assets, or pursuing informal transfers with institution cooperation. A Heggstad petition seeks a judicial declaration focused solely on ownership in favor of the trust, while probate is a broader process that administers an estate under court supervision. The best approach depends on the evidence available, the willingness of third parties to accept trust documents, and the desire to conserve time and costs while resolving ownership cleanly.
If banks, title companies, or other institutions will accept a certification of trust, a recorded deed, or a general assignment without court intervention, it may be possible to transfer assets to the trustee without filing a Heggstad petition. Gathering the necessary records, including signed trust documents and identification of the trustee, and presenting them to the institution can sometimes result in cooperative title transfers. This approach can save time and expense, but it depends on the institution’s policies and the clarity of documentation showing the trustmaker’s intent.
When there are clear deeds, account histories reflecting trust management, a general assignment to trust, and contemporaneous records demonstrating that the trustmaker treated the asset as trust property, informal resolution may be possible. If all interested parties agree and records are consistent, institutions may be willing to retitle assets in the trustee’s name. That path can avoid court involvement, but it requires high-quality documentation and cooperation among beneficiaries, trustees, and third parties to ensure the transfer is accepted and recorded properly.
If beneficiaries or third parties dispute whether an asset belongs to the trust, or if financial institutions or title companies refuse to accept trust documentation, a Heggstad petition may be necessary to obtain a definitive legal ruling. A court declaration resolves competing claims by formally recognizing the trust’s ownership, enabling the trustee to proceed with management or distribution. Litigation can also address ambiguities in documents, discrepancies in title, or claims by heirs that the asset should pass through probate rather than under the trust.
When documentation is incomplete or ambiguous, or when the trustmaker’s intent is not plainly documented, the court may need to evaluate testimony, contemporaneous records, and other evidence to determine whether the asset was meant to be held in trust. A Heggstad petition allows the court to consider the full factual record and issue an authoritative ruling. This approach provides legal certainty for trustees and beneficiaries, reducing the risk of later challenges and clarifying the path to transfer or distribution under the trust’s terms.
A comprehensive Heggstad petition presents a complete record to the court and can produce a binding declaration that removes doubt about ownership. This resolution allows trustees to act confidently in managing assets, recording deeds, or effecting account transfers. Comprehensive preparation includes gathering trust documents, deeds, account statements, affidavits from witnesses, and any general assignment language. The resulting court order provides formal authority to transfer title and can protect trustees and beneficiaries from future disputes or claims that might arise if transfers were handled informally without judicial validation.
When a Heggstad petition is pursued methodically, the process can streamline trust administration and reduce long-term costs by preventing contested litigation later. The court’s decision clarifies rights and responsibilities, enabling efficient distribution or continued management according to the trust’s terms. By addressing potential challenges up front and ensuring that the evidentiary record is complete, clients gain a durable legal result that supports stable administration, helps preserve estate value, and provides beneficiaries with a clear understanding of how assets will be handled.
One major benefit of a successful Heggstad petition is obtaining a court order that clarifies title and grants the trustee explicit authority to manage, sell, or distribute the asset under the trust. This clarity reduces the risk of institutional refusal or third-party challenges when attempting to retitle property or access accounts. With judicial recognition, trustees can proceed with confidence, follow the trust’s instructions, and protect beneficiaries’ interests by documenting that transfers or distributions were made pursuant to the court’s order.
A court-declared transfer through a Heggstad petition creates a formal record that can limit future disputes about ownership and distribution. By addressing competing claims and establishing the trust’s rights in a public, judicial proceeding, trustees and beneficiaries reduce the chance of later litigation or contested claims that could jeopardize assets. While the petition requires an upfront commitment to prepare evidence and potentially appear in court, the resulting order often delivers long-term stability in trust administration and gives beneficiaries clear legal protection for the distributions they receive.
Gathering all relevant documents from the outset saves time and strengthens any petition. Important items include the original trust instrument, any amendments, a general assignment to trust, deeds, account statements, beneficiary designations, and a certification of trust. Collecting witness statements, correspondence that shows intent, and records of any attempted retitling also helps build a convincing case. Having a comprehensive file ready before filing allows the petitioner to respond promptly to requests and demonstrates diligence to the court, increasing the likelihood of a clear and efficient resolution.
Early communication with banks, title companies, and beneficiaries often helps identify whether a Heggstad petition will be necessary. Some institutions will accept a certification of trust or other documents without court involvement; others will require a court order. Notifying beneficiaries and potential claimants and discussing the plan to seek a judicial declaration can reduce surprises and encourage cooperative resolution. Documenting these communications and any refusals helps explain the necessity of a petition if court involvement becomes required.
Consider a Heggstad petition when an asset remains in the decedent’s name despite clear trust documentation that demonstrates intent to include the asset in a revocable living trust. The petition is often preferable to full probate when the problem concerns specific pieces of property rather than the entire estate. It can help trustees secure title, access funds, or transfer real property into the trust so the trustee can administer or distribute those assets according to the trust’s terms, reducing delay and avoiding the broader probate process when possible.
Filing a Heggstad petition may also be the best path when institutions refuse to accept trust documents alone or when heirs raise questions about ownership. The court’s declaration establishes a firm legal basis for trust administration and helps prevent later disputes. If an asset is essential to trust administration, such as a primary residence or significant financial account, obtaining judicial confirmation through a Heggstad petition can protect beneficiaries’ interests and allow the trustee to carry out the trustmaker’s intentions more efficiently.
Typical circumstances prompting a Heggstad petition include deeded property left in the decedent’s individual name, bank or brokerage accounts not retitled into the trust, conflicting documentation about ownership, or institutional refusal to accept trust documents. Family members may also seek a petition when a pour-over will alone leaves the asset subject to probate, or when heirs contest whether the trustmaker intended the asset to pass under the trust. In these scenarios, a court ruling can resolve the specific title question and permit proper trust administration.
When a house or parcel of real property was intended to be owned by a revocable living trust but remains titled in the decedent’s name at death, a Heggstad petition may be necessary to transfer ownership to the trustee. Recording a court order based on a Heggstad ruling allows the trustee to record a new deed in the trust’s name and to take necessary steps to sell, refinance, or retain the property according to the trust’s terms. This avoids opening a wide probate estate solely to resolve title to that property.
Banks, brokerages, or retirement plan administrators may decline to transfer funds to a trustee based on trust documents alone, especially when accounts were not retitled or beneficiary designations conflict. A Heggstad petition can secure a court order directing the transfer, enabling the trustee to access funds needed for administration or distributions. The petition sets out the trust’s provisions and supporting documentation to demonstrate the trustmaker’s intent, giving the court a basis to instruct the institution to release the funds to the trustee.
When family members or potential heirs dispute whether an asset is part of a trust, the disagreement can stall administration. A Heggstad petition provides a legal mechanism to resolve those disputes by asking the court to determine ownership based on the evidence. The court’s order clarifies who has authority to manage or distribute the asset, limiting further conflict and enabling the trustee to proceed. This path can be preferable to prolonged negotiation or contested probate, particularly when relationships and estate value are harmed by delay.
Our firm assists trustees and families throughout Tara Hills and Contra Costa County with the documentation, filings, and court advocacy needed for Heggstad petitions. We help assemble trust instruments, deeds, assignment documents, account records, and witness statements, and we explain the options for informal resolution versus filing a petition. By coordinating with institutions and preparing a clear factual record for the court, we aim to secure a judicial determination that aligns with the trustmaker’s intent and advances timely trust administration for beneficiaries.
Local legal counsel brings familiarity with county probate procedures, court staff, and typical institutional requirements, which can streamline the Heggstad petition process. Assistance includes reviewing trust documents, preparing the petition and supporting declarations, coordinating service and notice to interested parties, and presenting the matter in court when necessary. Knowledge of how local recorders and financial institutions respond to trust documentation can reduce procedural delays and help present the strongest possible case to the court on behalf of trustees and beneficiaries.
We emphasize pragmatic planning and thorough preparation to minimize the time and expense involved in a Heggstad filing. That includes working with trustees to identify the most persuasive documentary evidence, addressing potential objections in advance, and seeking to resolve matters through agreement when feasible. If a petition is necessary, careful drafting and a well-organized presentation of facts increase the likelihood of a favorable court ruling, which benefits trustees and beneficiaries by clarifying title and authorizing appropriate administration actions.
Throughout the process, clear communication with clients about expectations, timelines, and possible outcomes is a priority. We help clients weigh the pros and cons of informal transfers versus court petitions, explain likely costs and procedural steps, and provide guidance on how to preserve documents and testimony that support the trustmaker’s intent. Our goal is to achieve an efficient resolution that honors the trustmaker’s plan and secures the legal authority needed for the trustee to manage or distribute assets as intended.
Our process begins with a document review and fact assessment to determine whether a Heggstad petition or an alternative path is the most suitable. We collect trust instruments, deeds, account histories, and any assignments, then identify additional witnesses or documents that support intent. If filing is appropriate, we draft the petition and supporting declarations, handle service and notice to interested parties, and represent the trustee at hearings. We work to keep proceedings focused on the specific title question to reduce delay and expense for clients and beneficiaries.
The first stage requires assembling the trust, related estate planning documents, deeds, account statements, and any written assignments or correspondence that indicate the trustmaker’s intent. We review these materials to assess the strength of the factual record and identify any gaps. Where records are incomplete, we help gather affidavits from witnesses, statements from institutions, and other documentary support. This preparation shapes whether a petition is advisable and informs the strategy for presenting evidence to the court or to third-party institutions.
Collecting original trust instruments, amendments, recorded deeds, and county records relating to real property gives a clear baseline for ownership questions. We also request account statements and records from financial institutions to trace the asset’s history. When titles were never changed, historic documents and trust provisions often provide strong evidence of intent. Organizing these records early allows for efficient preparation of affidavits and declarations that describe the trustmaker’s actions and decisions regarding the asset in question.
Affidavits from family members, advisors, or witnesses who can attest to the trustmaker’s intent and actions are valuable. We assist in preparing concise, legally effective witness statements and obtaining any required notarizations. These statements, combined with documentary evidence, help demonstrate to the court a consistent pattern showing that the asset was meant to be included in the trust. Securing this support early reduces the likelihood of surprise disputes and strengthens the petition’s factual foundation.
After documenting the factual basis for a petition, the next step is drafting and filing the Heggstad petition with the probate court and serving required notices on beneficiaries, heirs, and other interested parties. The petition sets out the legal and factual arguments for declaring the asset trust property, attaches supporting documentation, and requests the appropriate court order. Proper service and notice are essential to allow interested parties to respond and to ensure the court will consider the petition on its merits.
The petition must clearly describe the asset, explain why it should be considered trust property, and include declarations that detail the evidence supporting that conclusion. We prepare a well-organized packet that includes the trust instrument, assignments, deeds, account statements, and affidavits. Clear, concise declarations from trustees and witnesses help the court understand the circumstances and reduce procedural questions, making hearings more efficient and focused on the core ownership issue.
We arrange for formal service of the petition on interested parties and prepare responses to predictable objections, such as claims that the asset should pass through probate or that the trustmaker lacked intent. By anticipating objections and presenting responsive evidence, we aim to resolve disputes at the outset or on a narrow record. If parties wish to negotiate, we facilitate communication to explore settlement, while preserving the option to proceed to hearing if necessary for a binding determination.
If the matter proceeds to hearing, the court will review the petition, declarations, and evidence and may hear argument from interested parties. If the court is persuaded that the asset belongs to the trust, it issues an order declaring the trust’s ownership and directing the necessary transfers or recordings. That order enables the trustee to record deeds, update account registrations, or otherwise take title in the trust’s name, providing a formal basis for administration or distribution in accordance with the trust terms.
At hearing, the court evaluates the credibility of declarations and documentary evidence showing the trustmaker’s intent. The petitioner presents the assembled record, and interested parties may present objections or evidence to the contrary. The judge then determines whether the legal standard for treating the asset as trust property is met. A favorable ruling yields a judicial declaration that clarifies ownership and permits the trustee to proceed under the trust’s directions with reduced risk of future challenges.
Once the court issues an order, the trustee can record that order with the county recorder or present it to financial institutions to effect the transfer into the trust’s name. We prepare the necessary follow-up documents, including new deeds, transfer forms, or instructions to custodians to change account registrations. This final administrative step turns the court’s declaration into practical ownership changes, allowing the trustee to manage or distribute the asset according to the trust while creating a permanent record of the resolution.
A Heggstad petition is a court filing that asks the probate court to declare that an asset should be treated as belonging to a trust despite remaining in the decedent’s name at death. It is typically used when a decedent created a revocable living trust and clearly intended certain property to be governed by that trust but did not complete retitling or transfer steps prior to death. The petition presents the trust document, any general assignment, deeds or account records, and witness statements to demonstrate the decedent’s intent and request a judicial declaration that the trustee has authority over the asset. This remedy is focused on resolving a specific ownership question and can be preferable when the issue involves particular assets rather than the entire estate. It can enable the trustee to record a deed, access accounts, or distribute property without initiating a full probate administration. The court will evaluate the factual record and, if persuaded, issue an order confirming the trust’s ownership so transfers can proceed in accordance with the trust’s terms.
The timeline for a Heggstad petition varies depending on the complexity of the case, the completeness of documentation, and whether any interested parties object. In many counties, an uncontested petition with well-prepared evidence may be resolved within a few months from filing to order, while contested matters can take longer due to additional hearings or discovery. Factors such as the need to obtain affidavits, secure records from third parties, or address title issues can extend the timeline for resolving the matter in court. Working proactively to prepare a clear record and to communicate with potential objectors can shorten the process. Early coordination with institutions like banks or title companies, and gathering relevant deeds, assignments, and certifications of trust before filing, typically allows for a more efficient hearing and decision. If disputes arise, resolving them through negotiation may also reduce the need for extended litigation and lead to a faster outcome.
Courts consider a combination of documentary and testimonial evidence when evaluating a Heggstad petition. Key documents include the original trust instrument and any amendments, a general assignment to trust, deeds showing the property in question, account statements, and a certification of trust. Written correspondence or contemporaneous records indicating that the trustmaker intended the asset to be held in trust are also important. Deeds or records that show attempted retitling or actions taken to treat the asset as part of the trust can be particularly persuasive. Affidavits from trustees, family members, advisors, or anyone with direct knowledge of the trustmaker’s intentions strengthen the petition by explaining the circumstances and corroborating documentary evidence. Clear, consistent narratives supported by records help the court find that the asset should be treated as trust property. Preparing concise, well-organized declarations and attaching relevant exhibits makes the court’s review more straightforward and effective.
Filing a Heggstad petition often avoids opening a full probate estate when the issue is limited to one or more specific assets that were intended to be held in a trust. The petition asks the court to declare that those assets belong to the trust, which can permit the trustee to transfer title and administer them under the trust’s terms. When the court issues an order based on the petition, the result can eliminate the need for probate for those particular assets and allow administration to proceed under the trust’s authority. However, whether probate is avoided depends on the circumstances. If multiple assets remain in the decedent’s name, or if there are contested claims that require broader estate administration, probate may still be necessary for some matters. A pour-over will that directs remaining probate assets into the trust can also trigger probate for those assets. Evaluating the best approach requires a careful review of the assets, documentation, and potential disputes to determine whether a Heggstad petition alone will achieve the intended result.
Costs for a Heggstad petition vary based on factors such as the complexity of the factual record, the need for court appearances, and whether the matter is contested by beneficiaries or other parties. Fees include court filing costs, fees for service and record retrieval, and legal fees for preparing the petition and supporting declarations. In uncontested matters with complete documentation, costs are typically lower because the work focuses on assembling and presenting the record; in contested matters, discovery, additional motions, and hearings increase time and expense. Investing in thorough preparation early can reduce overall costs by minimizing hearings and limiting disputes. When institutions or parties are cooperative and documentary evidence is strong, the matter often resolves more quickly. We discuss anticipated ranges and budget considerations at the outset so clients understand likely costs and can plan accordingly while pursuing the most efficient path to secure title or resolve the ownership question.
Beneficiaries and other interested parties may challenge a Heggstad petition if they believe the asset should pass through probate or if they dispute the decedent’s intent. Challenges can raise factual disputes about whether the trustmaker meant for the asset to be included in the trust, whether documents are authentic, or whether proper notice was given. The court then evaluates the evidence presented by both sides and decides whether the trust’s claim to the asset is supported by the record. To address potential challenges, petitioners should assemble thorough documentary and testimonial support before filing and provide proper notice to all interested parties. Where disputes appear likely, early communication and efforts to resolve differences can sometimes avoid contested hearings. If objections proceed, the court will weigh the evidence and render a decision that clarifies ownership, with the goal of resolving competing claims in a fair and orderly manner.
A pour-over will directs assets left in the decedent’s name at death into the trust, but it typically requires probate to effect that transfer. In contrast, a Heggstad petition seeks a judicial declaration that a specific asset already belonged to the trust or should be treated as such, potentially avoiding probate for that asset. Courts will consider a pour-over will as part of the broader evidentiary picture, but the petition specifically targets ownership questions about assets that were never retitled during the trustmaker’s life. When both instruments exist, the court examines the total evidence of intent and how the trustmaker managed assets. If the facts support the view that the asset was always meant to be trust property, a Heggstad petition can result in a direct transfer to the trustee without opening probate. Each situation is fact-specific, and the relationship between a pour-over will and a Heggstad petition depends on how clearly the trustmaker’s intent is documented.
After the court grants a Heggstad petition, it issues an order declaring that the asset belongs to the trust and may direct the steps needed to effect transfer. The trustee can then record the court order with the county recorder for real property or present the order to financial institutions to change account registrations. This transforms the judicial declaration into practical title changes and enables the trustee to manage or distribute the asset under the trust’s terms. We assist clients in completing these administrative steps, preparing deeds, transfer documents, or custodian instructions as needed. The court’s order provides a public record that supports the trustee’s authority and reduces the likelihood of future disputes. Once transfers are completed, trust administration can proceed according to the terms of the trust and any applicable court directions.
Alternatives to filing a Heggstad petition include negotiating with financial institutions or title companies to accept a certification of trust, recorded deeds, or other documentation without court intervention. If all interested parties agree and institutions are cooperative, assets can sometimes be retitled administratively. Another route is a limited probate proceeding to transfer a small set of assets when a Heggstad petition is not practical or when probate is necessary for other reasons. The choice between informal resolution and a court petition depends on the clarity of documentation, institutional policies, the presence of disputes, and the desire to avoid probate. When institutions refuse to accept documents or when disputes arise, a Heggstad petition provides a definitive legal path. Careful early assessment helps determine whether informal steps may succeed or whether filing a petition is the most prudent route to obtain formal title recognition.
To begin, gather any trust documents, deeds, account statements, and correspondence that show the decedent’s intent to have assets administered by the trust. Identify potential witnesses who can attest to the trustmaker’s actions and any attempts made to retitle property during life. Contacting institutions to inquire whether they will accept a certification of trust or other documents without court involvement can clarify whether informal resolution is feasible. Documenting responses from institutions is helpful if court intervention becomes necessary. If a judicial declaration appears needed, consult with counsel to evaluate the evidence and prepare a petition. Counsel can assist in drafting affidavits, coordinating service on interested parties, and representing the trustee at hearings. Early planning and a clear understanding of options help trustees move efficiently from document collection to either an informal transfer or a properly prepared court filing that seeks a durable resolution of the ownership question.
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