A Heggstad petition can be an effective legal tool when trust assets were not properly retitled before a trustmaker’s death. This page explains what a Heggstad petition is, when it may help families in West Bishop and Inyo County, and how the process typically works. You will find an overview of the legal steps, typical timelines, and how these petitions interact with common estate planning documents such as revocable living trusts, pour-over wills, and certification of trust filings. Our goal is to provide clear, practical information so you can decide whether pursuing a petition may be appropriate for your situation and how to prepare if you decide to move forward.
Many families discover after a loved one dies that some assets remain titled in the deceased’s name rather than in the trust named in their estate plan. A Heggstad petition asks the court to recognize that those assets were intended to be trust property and should be distributed according to the trust terms, avoiding a full probate administration for those assets. This guide explains common scenarios that lead to these petitions, the documents courts consider, and the potential outcomes. If you are dealing with trust administration or asset transfer issues in West Bishop, this information can help you weigh options and prepare the necessary documentation and evidence.
Filing a Heggstad petition can preserve the original intentions of the decedent and reduce estate administration costs by limiting assets that must pass through probate. When a court determines that specific property was meant to be held in trust, those assets can be distributed under the trust terms, which often simplifies administration and protects privacy by avoiding public probate proceedings. For people in West Bishop and nearby communities, a successful petition can save time and expense and help beneficiaries receive assets in accordance with the trustmaker’s wishes. This approach can also allow trustees to complete trust administration more smoothly when paperwork or transfers were inadvertently overlooked before death.
Law Offices of Robert P. Bergman serves clients across California, including West Bishop and Inyo County, with focused attention to estate planning and trust administration matters. Our approach emphasizes clear communication, careful preparation of court filings, and thorough review of estate planning documents such as revocable living trusts, pour-over wills, and certifications of trust. We work with families to gather necessary records, present evidence about the trustmaker’s intent, and pursue the most practical path to recognize trust property. Call 408-528-2827 to discuss how a Heggstad petition might apply in your case and to learn about next steps tailored to your situation.
A Heggstad petition is a legal request asking a court to treat certain assets as trust property because the decedent intended those assets to belong to the trust even though title was not retitled before death. Courts consider documents, testimony, and surrounding circumstances to determine the trustmaker’s intent. Typical evidence includes the trust instrument, related estate planning documents, beneficiary designations, and communications showing intent. This remedy can be useful when the trustmaker took steps toward transfer but failed to complete formal retitling, leaving assets technically outside the trust at death but intended to be governed by the trust terms.
To succeed, a petitioner generally must present a convincing factual record demonstrating intent to transfer the asset into the trust. Courts look at the totality of circumstances, including estate planning documents like pour-over wills, financial account records, deeds, and testimony from witnesses who observed the decedent’s planning and actions. A Heggstad petition can address real property, bank accounts, and other assets. While not every omitted retitling results in a favorable ruling, a well-documented petition focused on intent can achieve recognition of trust ownership and minimize the need for separate probate proceedings for those assets.
A Heggstad petition asks the probate court to declare that specific property is trust property despite being titled in the deceased’s name at death. Named for a landmark California case, this petition requires evidence that the trustmaker intended the property to be included in the trust. Evidence may include the trust document, deeds, beneficiary designations, and contemporaneous statements. The court then decides whether formal recognition of trust ownership is appropriate. A successful petition can allow trustees and beneficiaries to treat the property according to the trust, avoiding separate probate administration for those assets and often reducing delay and expense for families.
Courts weigh several factors when evaluating a Heggstad petition, including the trust document language, actions taken to transfer property, and any contemporaneous statements by the trustmaker reflecting intent. Documentary evidence such as bank records, deeds, insurance beneficiary forms, and a certification of trust can be persuasive. Witness testimony from family members or advisors who observed transfer attempts may also be considered. The petition process typically involves filing a petition in the appropriate probate court, serving interested parties, submitting evidence and declarations, and attending a hearing where the court decides whether to recognize the property as trust assets under applicable law.
Understanding a few common terms can make the Heggstad petition process clearer. This glossary outlines phrases you will encounter, such as trust, filing of petitions, certification of trust, pour-over will, and Heggstad petition itself. Each term connects to how courts analyze ownership questions after a trustmaker’s death. Reviewing these definitions helps families gather relevant evidence and communicate effectively with counsel or the court. The following glossary entries describe core concepts and how they relate to proving intent and establishing trust ownership when title was not updated prior to death.
A revocable living trust is a legal arrangement in which a person transfers assets into a trust they control during life and designates how those assets should be handled after death. This trust often names a trustee to manage property for the benefit of named beneficiaries and can be changed or revoked during the trustmaker’s lifetime. When assets remain titled in the trustmaker’s name at death, a Heggstad petition may be used to show the trustmaker’s intent to include those assets in the trust. The trust document and related records are central to establishing that intent.
A pour-over will is an estate planning document that directs any assets remaining in a person’s name at death to be transferred into their trust. While a pour-over will ensures the trust receives residual assets, it does not always prevent the need for probate for those assets. A Heggstad petition may be pursued when assets were intended to be part of the trust but were not formally retitled before death, and when evidence shows the decedent planned for those assets to be included in the trust through the pour-over will or other documents.
A certification of trust is a shortened version of a trust document that provides third parties with essential information about the trust without divulging full trust terms. It typically includes details such as the trustmaker’s name, successor trustees, and the powers of the trustee. This certification can help confirm the existence and basic terms of a trust during administration or when completing transactions. In Heggstad petition matters, a certification can help demonstrate the trust’s existence and intended beneficiaries when proving that assets were meant to be trust property.
A Heggstad petition is a court filing that seeks a judicial declaration that certain property should be treated as trust property despite being titled in the decedent’s individual name at death. The petition requires evidence of the trustmaker’s intent to transfer the asset to the trust and may involve presenting documents, witness declarations, and transaction records. If granted, the petition allows trustees and beneficiaries to include the asset in trust administration, reducing the need for separate probate proceedings for that property and aligning distribution with the trust’s terms.
When assets are not retitled into a trust before death, families may consider different legal routes. A Heggstad petition seeks court recognition that the asset belongs to the trust, potentially avoiding probate for those assets. Probate administration is the standard court process for distributing assets titled in the decedent’s name, which can be public and sometimes costly. Other alternatives include small estate procedures or informal settlements among heirs. The right choice depends on asset value, family dynamics, and available evidence of the trustmaker’s intent. A careful review of documents and facts helps determine the most efficient and effective path forward.
A limited approach can work when documentary evidence plainly shows that the decedent intended the asset to be held in the trust. Examples include trust language referencing specific property, account statements prepared in anticipation of retitling, or a deed executed in the trust’s name prior to death. When such documentation is strong, a targeted Heggstad petition asking the court to recognize those specific assets as trust property may be sufficient, reducing the scope of court involvement. Focused petitions can be more efficient when the factual record is straightforward and the parties agree about the trustmaker’s intent.
When beneficiaries and potential interested parties agree on the disposition of the asset, a limited petition or joint filing may be appropriate. Agreements supported by declarations and documentation that demonstrate intent can reduce contested litigation and help the court reach a decision more quickly. A cooperative approach can minimize court appearances and legal costs, allowing trustees or personal representatives to proceed with trust administration without a full probate case. Even with agreement, the court will review evidence to ensure the proposed outcome aligns with the trustmaker’s intentions and legal standards.
A comprehensive approach becomes important when title questions involve multiple parties, digital assets, or complex financial arrangements that require extensive document gathering and legal argument. If beneficiaries dispute whether property was intended for the trust, or if third parties such as financial institutions resist transfer, more detailed pleadings and evidentiary support will be necessary. In such cases, a broader legal strategy including formal discovery, witness declarations, and thorough preparation for a contested hearing helps protect the interests of the trust and its beneficiaries while presenting a full record to the court.
When large assets are at issue or when documents appear to conflict, a comprehensive strategy is often needed to resolve discrepancies and protect beneficiary rights. Conflicting deeds, beneficiary designations, or account records require careful forensic review and clear legal arguments to reconcile the trustmaker’s intent. Comprehensive filings can address multiple assets in one proceeding, seek broad relief from the court, and ensure proper documentation is submitted to financial institutions and title companies. A fuller record can also reduce the risk of future challenges or misinterpretation after the court issues a ruling.
A comprehensive approach to a Heggstad petition can provide clarity and finality by addressing multiple assets, resolving conflicting records, and securing a clear court determination that property belongs to the trust. This reduces the likelihood of later disputes and helps trustees carry out distributions under the trust’s terms. A broad petition can also be more efficient when several assets are involved, allowing the court to consider the full picture and provide a single ruling that covers all contested property. For families managing complex estates, this approach can streamline administration and provide peace of mind.
Comprehensive filings also support effective communication with third parties such as banks, title companies, and retirement plan administrators. A court order recognizing trust ownership helps persuade institutions to retitle assets, release funds, or update account ownership details without the need for separate probate proceedings. This can shorten the time to distribute assets to beneficiaries and reduce administrative burdens on trustees. By presenting a robust factual record and seeking clear directions from the court, a comprehensive petition minimizes uncertainty and supports orderly trust administration for all parties involved.
A comprehensive Heggstad petition offers stronger assurance that the court will formally recognize assets as trust property, which helps trustees and beneficiaries proceed with confidence. When the court issues a declaration covering disputed items, it reduces the risk of later litigation and clarifies how assets should be distributed. This certainty benefits institutions asked to retitle property and helps families avoid piecemeal disputes. A single, decisive ruling can bring closure to trust administration and allow distribution according to the trustmaker’s intended plan without repeated court interventions.
By addressing all contested assets in one proceeding, a comprehensive petition reduces the administrative work and repeated filings that can accompany multiple separate actions. Consolidating issues into a single petition often shortens the overall timeline and lowers cumulative costs compared to handling each asset dispute individually. Trustees benefit from clear judicial guidance for the entire estate, enabling them to focus on completing distributions and fulfilling fiduciary duties. This streamlined process supports a more orderly wind-up of the trustmaker’s affairs and reduces ongoing uncertainty for beneficiaries.
Start by collecting all relevant estate planning documents, account statements, deeds, beneficiary designations, and any communications that speak to the trustmaker’s intent. Financial records showing attempts to retitle assets, copies of trust pages identifying beneficiaries, and a certification of trust are especially helpful. Early assembly of documents reduces delays and makes it easier to identify gaps that may require additional investigation. A thorough factual record gives the petition the strongest possible foundation and supports clearer presentations to the court and third parties involved in retitling.
Financial institutions and title companies often have specific forms and procedures for retitling accounts or releasing funds to a trustee. Anticipate those requirements by obtaining a certification of trust, letters of administration or trustee appointment if required, and any court orders recognizing trust ownership. Preparing these documents in advance can speed retitling once a court ruling is obtained. Understanding institutional steps reduces back-and-forth and helps trustees move assets to beneficiaries more efficiently after the court recognizes trust ownership.
Families usually consider a Heggstad petition when important assets were not formally transferred into a trust before death but evidence suggests the trustmaker intended them to be included. This issue commonly arises with real property, bank or brokerage accounts, retirement accounts, and vehicles. A petition can align actual asset ownership with the trustmaker’s documented plan, helping reduce probate exposure for those assets. When documents such as pour-over wills, deeds, or account records point to inclusion in the trust, a petition is often a viable route to secure distribution according to the trust terms.
Other reasons to pursue a petition include the desire to speed distributions, reduce legal costs relative to full probate, and preserve privacy by limiting assets subject to public probate filings. A court declaration that assets belong to the trust can also help resolve conflicts and obtain cooperation from third-party institutions reluctant to transfer property without judicial direction. For West Bishop residents managing a decedent’s affairs, a petition can be an important tool to complete trust administration in a manner consistent with the trustmaker’s intent and the beneficiaries’ expectations.
Typical circumstances include recently executed trusts where property title transfers were not completed, deeds or account transfers in progress at the time of death, and assets that were intentionally left to the trust through beneficiary designations or estate planning conversations but never retitled. Other scenarios involve joint accounts or property where the trustmaker believed existing arrangements would automatically vest in the trust. Each situation requires careful review to determine whether evidence of intent supports a petition and whether a court declaration will achieve the desired transfer without full probate.
One frequent circumstance is a home or parcel of real property that the decedent intended to place in a revocable living trust but left titled in their individual name. When deeds were not executed or recorded in the trust’s name prior to death, a Heggstad petition can ask the court to recognize that the property was meant to be trust property. Supporting evidence might include contemporaneous estate planning notes, recorded documents indicating transfer intent, or communications with advisors or family members describing the plan to transfer the property into the trust.
Investment or banking accounts that remain in the decedent’s name are another common issue. Although some accounts were intended to be moved into the trust, administrative delays or oversight sometimes leave them titled individually at death. A Heggstad petition can present statements, transfer requests, or other records indicating intent to include accounts in the trust. Demonstrating documentary evidence and related actions can persuade a court to recognize the accounts as trust assets and allow trustees to distribute funds under the trust’s terms.
Conflicts between beneficiary designations and trust documents can complicate asset transfers. For example, a retirement account beneficiary designation might appear inconsistent with the trust plan, or an insurance policy might name different recipients. When the trustmaker’s intent supports inclusion in the trust despite apparent conflicts, a Heggstad petition can resolve discrepancies by presenting the broader estate plan and supporting evidence. Careful reconciliation of records and persuasive declarations are often required to obtain a court determination aligned with the trustmaker’s overall estate plan.
Law Offices of Robert P. Bergman provides guidance to families in West Bishop and Inyo County on Heggstad petitions and related trust administration matters. We help clients identify relevant documents, prepare filings that present a clear record of intent, and liaise with courts and third parties to effect transfers once orders are obtained. Our goal is to minimize delays and help trustees and beneficiaries move forward with trust distributions in a manner consistent with the trustmaker’s plan. Call 408-528-2827 to discuss how we can assist you with a Heggstad petition or other estate planning needs.
Clients turn to the Law Offices of Robert P. Bergman for practical, thorough handling of trust recognition matters and other estate administration tasks. We focus on careful preparation of pleadings, assembling decisive documentation such as deeds, account records, and certifications of trust, and presenting a clear factual case to the court. Families appreciate a methodical approach that seeks efficient resolutions and clear court guidance to support asset retitling and distribution consistent with the trustmaker’s plan throughout West Bishop and surrounding areas.
We assist with every phase of petition preparation, from identifying evidence that shows intent to detailed court filings and coordination with financial institutions. For trustees and beneficiaries, having a comprehensive record and well-prepared declarations can reduce the likelihood of delays and subsequent challenges. Clear communication with the family and focused attention to procedural requirements helps streamline the process and allows trustees to take the steps necessary to complete trust administration once the court issues a ruling recognizing ownership by the trust.
Our approach extends beyond the courtroom to practical administration tasks such as obtaining court orders, presenting documentation to banks and title companies, and guiding trustees through retitling and distribution steps. We also provide advice on whether a limited petition or a broader filing is advisable based on the evidence and circumstances. For families in West Bishop considering a Heggstad petition, working with counsel who prioritizes organization and clarity can ease the path toward honoring the trustmaker’s intentions.
Our process begins with a detailed review of the decedent’s estate planning documents and relevant asset records to assess whether a Heggstad petition is appropriate. We then identify and obtain supporting evidence, draft the petition and necessary declarations, and file with the proper probate court. After serving interested parties and responding to any inquiries, we present the case at a hearing where the court evaluates intent and issues a determination. Following a court order, we assist with retitling assets and communicating with institutions to implement the decision efficiently and correctly.
The first step is a careful review of estate planning paperwork and asset records to build a factual foundation for a petition. This includes reviewing the trust instrument, pour-over will, deeds, account statements, insurance policies, and any communications that show the trustmaker’s intent. Identifying witnesses and collecting declarations that corroborate transfer intent are also important. This stage establishes which assets are candidates for a petition and determines whether a limited petition or broader filing will most effectively achieve recognition of trust ownership.
Collecting complete trust documents and title records is essential to demonstrate the trustmaker’s plan. A certification of trust, recorded deeds, account statements, and correspondence with financial institutions can help show attempts to transfer property. These records enable the drafting of a petition that connects each contested asset to the trust. Where records are incomplete, we identify additional avenues to obtain supporting evidence, such as lender records or testimony, to strengthen the petition and present a coherent narrative of intent to the court.
Witness statements and signed declarations from family members, advisors, or others who observed planning steps can be persuasive. During this stage we interview potential witnesses, help them prepare clear, factual declarations, and assemble a record that supports the trustmaker’s intent. Declarations often describe conversations, actions taken to transfer assets, and any obstacles that prevented retitling prior to death. Well-prepared declarations complement documentary evidence and help present a comprehensive case to the court when filing the petition.
Once the record is assembled, we prepare the petition and supporting declarations, file them with the probate court in the appropriate jurisdiction, and serve notice on interested parties. The petition specifies the assets at issue and presents evidence that they were meant to be trust property. Proper service and compliance with court rules are essential to avoid procedural defects. This stage sometimes leads to negotiation or stipulation among parties, but when disputes arise, the filings set the stage for the court’s review at a hearing.
Drafting the petition involves clearly identifying the assets and summarizing the evidence of intent, attaching a certification of trust and relevant documents, and including declarations from witnesses and trustees. The petition must follow local court formatting and procedural requirements and present the legal arguments for recognizing trust ownership. Accurate and persuasive filings can encourage favorable resolutions or streamline contested hearings by providing the court with a coherent narrative and well-organized evidentiary support.
Proper notification to beneficiaries, potential heirs, and other interested parties is required so the court can consider any objections. When objections arise, they are addressed through additional declarations, documents, or oral argument at the hearing. In some cases, parties reach agreements that narrow issues before the hearing. When disputes persist, the court evaluates the totality of the evidence to determine whether the property should be recognized as trust property and whether an order should direct third parties to transfer or retitle assets accordingly.
At the hearing, the court reviews the petition and supporting evidence and decides whether to issue an order recognizing the assets as trust property. If granted, the order directs how the property should be treated and can be presented to banks, title companies, and other institutions to complete retitling or transfer. After the order, trustees proceed with administration and distribution under the trust’s terms. If the court denies the petition, the parties may consider alternative remedies such as probate or settlement negotiations depending on the circumstances.
During the hearing, the court evaluates documentary and testimonial evidence to determine whether the decedent intended the assets to be part of the trust. Clear declarations and organized documentation increase the likelihood of a favorable ruling. The judge may request additional evidence or clarification before issuing a decision. When the court finds that trust ownership is supported, it issues an order that allows trustees to treat the specified assets as part of the trust, enabling distributions consistent with the trustmaker’s wishes and reducing the need for separate probate proceedings for those assets.
After obtaining a court order, trustees provide certified copies to financial institutions and title companies to complete retitling and transfer tasks. The order helps persuade third parties to comply with requests to change account ownership, convey real property, or release funds. Trustees then proceed with distributions under the trust’s terms, provide accounting if required, and close the administration process for those assets. Proper documentation and careful follow-through ensure that the court’s decision is implemented efficiently and minimizes the risk of future disputes.
A Heggstad petition is a court request asking the probate court to declare that specific property should be treated as trust property even though it was not titled in the trust at the trustmaker’s death. The petition shows evidence that the decedent intended the asset to belong to the trust, such as trust provisions, deeds, account records, or testimony showing intent. Courts review the totality of the circumstances to decide whether a declaration is appropriate and whether the asset may be distributed under the trust’s terms. This remedy is typically used when assets were intended for the trust but formal retitling was not completed before death. It can help avoid separate probate administration for those assets by aligning legal title with the trustmaker’s documented plan, allowing trustees to carry out distributions consistent with the trust and potentially reducing delay and cost for beneficiaries.
A Heggstad petition seeks a court declaration that certain property is trust property, while probate is the formal court-supervised process to distribute assets titled in the decedent’s name at death. A successful Heggstad petition can remove specific assets from probate by having them recognized as trust property and distributed under the trust. Probate applies more broadly to estate assets not governed by a trust or beneficiary designation. The two processes serve different functions and may sometimes overlap depending on the assets involved. Choosing between these routes depends on the facts, including the strength of evidence supporting intent to place assets in the trust and the value of the assets. When evidence supports recognition of trust ownership, a Heggstad petition can preserve trust administration and avoid the time and public nature of probate for those assets, though other estate items may still require probate proceedings.
Courts find documentary evidence such as the trust instrument, deeds, account statements, beneficiary designation forms, and a certification of trust particularly persuasive. Written records showing attempts to retitle assets or contemporaneous communications indicating the trustmaker’s plan are helpful. Declarations from those who observed the trustmaker’s planning or attempts to transfer assets can provide necessary context to the documents and strengthen the factual record. Consistent, contemporaneous documents combined with credible witness declarations provide the strongest support for a petition. When records are incomplete, testimony that explains the circumstances and steps taken to transfer property can bridge gaps and clarify intent. Well-organized filings that present a clear chain of facts are most likely to assist the court in reaching a favorable determination.
The timeline for a Heggstad petition varies with the complexity of the assets, the quality of available evidence, and whether the petition is contested. Gathering documents and preparing declarations can take several weeks, and court scheduling may add additional time. In straightforward, uncontested cases, the process can move more quickly, while contested matters require additional filings, responses, and potentially a contested hearing which extends the timeline. After filing, service and waiting periods for responses can add weeks, and court calendars influence hearing dates. Once the court issues an order, subsequent retitling with institutions may take additional time depending on their internal procedures. Early preparation of documentation and communication with interested parties can help expedite the overall process.
A successful Heggstad petition can avoid probate for the specific assets at issue by having the court treat them as trust property. However, it does not automatically remove all estate assets from probate; it only addresses the property identified in the petition and supported by evidence. Other items not covered by the petition or not part of the trust may still require probate administration depending on the overall estate plan and asset titles. Whether probate is fully avoided depends on the completeness of the petition and the court’s decision. In cases where evidence is limited or parties dispute ownership, some assets may still pass through probate, so careful assessment and comprehensive documentation are important to maximize the assets recognized as trust property.
Yes, beneficiaries or other interested parties can oppose a Heggstad petition. Objections typically focus on whether the evidence adequately shows the decedent intended the asset to be part of the trust or where competing documents suggest a different disposition. When objections are raised, additional declarations, documents, or testimony may be required, and the court will evaluate the parties’ arguments and evidence before ruling. Opposition can lead to a contested hearing and may lengthen the process. Sometimes parties negotiate or stipulate to a resolution before the hearing if the evidence supports the trustmaker’s plan. When disputes remain, the court’s review of the factual record will determine whether the petition succeeds or whether alternative measures are necessary to distribute the asset.
If the court denies a Heggstad petition, the asset in question remains subject to probate or other applicable procedures based on title and designation. The denial may be due to insufficient evidence of intent, conflicting documentation, or competing legal claims. When a petition is denied, interested parties may explore alternative routes such as probate administration, negotiated settlements, or reexamination of evidence that could support a renewed filing if new documentation emerges. Parties should review the reasons for denial and consider practical next steps, which might include initiating probate for the asset, pursuing informal resolution among heirs, or gathering additional evidence to support a supplemental petition. Understanding the court’s concerns helps focus further efforts on the most promising path forward for distributing the property consistent with the decedent’s planning.
Costs for filing a Heggstad petition vary depending on the complexity of the case, the extent of document gathering and witness preparation, and whether the matter is contested. Fees include court filing fees, potential costs for obtaining records, and legal fees associated with drafting the petition and supporting declarations. Uncontested petitions with clear documentation tend to be less costly than contested matters requiring additional filings and court appearances. When evaluating costs, consider the potential savings from avoiding probate for the contested assets and the value of obtaining a clear court order that facilitates retitling. A careful assessment of the likely evidence and potential disputes helps estimate expenses and choose an approach that balances cost with the goal of preserving the trustmaker’s intended distributions.
A Heggstad petition can address retirement accounts and insurance policies in some circumstances, but those assets are often governed by beneficiary designations that may supersede trust instructions. Courts examine the totality of evidence, including beneficiary forms and any indications that the trustmaker intended the accounts to be part of the trust. Where beneficiary designations conflict with trust terms, a petition may need to address those conflicts with clear supporting evidence of intent. Because retirement accounts and insurance policies have specific rules and often include pay-on-death mechanisms, each asset requires careful review. Documentation showing intent to change beneficiary designations or to have the trust receive the asset can support a petition, but resolution often depends on the particular account rules, contractual terms, and the available evidence of the trustmaker’s plan.
After obtaining a court order recognizing assets as trust property, trustees should provide certified copies of the order to financial institutions, title companies, and other entities holding the assets to effect retitling or transfer. Trustees should follow institutional procedures for retitling accounts and deeds and maintain records of all transfers. This ensures that the court’s ruling is implemented and that distributions proceed in accordance with the trust’s terms. Trustees should also complete any required accounting or notifications to beneficiaries, update trust records, and close tasks related to those assets. Careful documentation and communication with beneficiaries and institutions help prevent future disputes and allow trustees to complete trust administration efficiently while honoring the trustmaker’s intentions.
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