A Heggstad Petition is a legal tool used when assets intended for a trust remain titled in the deceased grantor’s name. This guide explains how a petition can transfer those assets to the intended trust beneficiaries without undo delay or costly disputes. Individuals and families in Artesia often need clarity on whether a Heggstad Petition is the right path after a trustor’s death, and how it interacts with pour-over wills, trust certifications, and other estate planning documents. This introduction offers an overview of the process, typical outcomes, and how the petition fits into broader estate settlement steps.
When trust assets are not properly retitled before a grantor’s death, successors may need a Heggstad Petition to confirm the decedent intended those assets to be held in trust. The petition asks a court to recognize that the decedent’s actions or documents show an intent to fund the trust even though title was not changed. For families, this petition can reduce delays in administering the trust, enable distribution to beneficiaries named in the trust, and clarify property ownership to third parties like banks and title companies. This section prepares you for the key considerations and likely timeline for filing such a petition.
A Heggstad Petition serves as a focused remedy to transfer assets that should have been part of a trust but remain in the decedent’s name. It can simplify trust administration by establishing legal title consistent with the trust documents and the decedent’s intent, reducing potential conflicts among family members and third parties. Using a petition may prevent lengthy probate litigation and helps trustees carry out distributions efficiently. For trustees and beneficiaries, achieving clear title through a Heggstad Petition can speed access to funds or property that are needed for debts, taxes, or planned distributions under the trust.
The Law Offices of Robert P. Bergman assist clients in California with estate planning and trust administration matters, including Heggstad Petitions. Our approach emphasizes careful review of trust documents, transaction history, and supporting records to present a persuasive showing of the decedent’s intent to fund the trust. We work with trustees, beneficiaries, and family members to gather necessary documentation and prepare filings that explain the legal basis for transferring assets into the trust. From initial consultation through court proceedings, the focus is on resolving title issues efficiently and respectfully while protecting client interests.
A Heggstad Petition asks a probate court to order that property should be treated as trust property based on the decedent’s intent and surrounding circumstances. The petition typically cites evidence such as the trust instrument itself, bank or brokerage account documents, decedent communications, and any steps the trustor attempted to take before death. The legal standard focuses on whether it is more likely than not that the decedent intended the asset to belong to the trust. Understanding this requirement helps trustees and beneficiaries decide whether a petition is warranted and what documentary support will be needed.
Filing a Heggstad Petition usually begins with compiling a record showing the trust terms and the asset’s connection to the trust, followed by preparation of court pleadings and service on interested parties. The court reviews the evidence and may hold a hearing to resolve disputes or objections. If the court grants the petition, it issues an order clarifying title and authorizing transfer to the trustee. Recognizing potential obstacles early, such as incomplete records or contested beneficiary claims, allows for a more thorough presentation to the court and smoother resolution for trustees and family members.
A Heggstad Petition is a probate court filing that requests judicial recognition that certain property was intended to be trust property despite not being formally retitled. It is named after a landmark case and is commonly used when assets remain in the decedent’s name but are described in trust documents or otherwise shown to have been intended for the trust. The petition explains the factual and legal basis for treatment of the property as trust assets, presents supporting evidence, and requests a court order to correct the record so trustees can manage and distribute assets consistent with the trust terms.
Successful petitions generally include a clear trust instrument, evidence linking the specific asset to the trust, and documentation showing the decedent’s intent, such as account titling instructions, beneficiary designations, or trust-related correspondence. The process involves drafting the petition, notifying interested parties, submitting supporting evidence, and responding to any objections. A hearing may be required to resolve contested issues. The court’s order establishes legal title in the trustee, which allows the trustee to manage, sell, or distribute the asset under the trust, simplifying administration and reducing the risk of future disputes.
Understanding the terminology used in Heggstad Petitions helps trustees and beneficiaries follow the process and know what documentation to collect. Important terms include trust, trustee, grantor, decedent, probate court, order for transfer, pour-over will, and successor trustee. Each term relates to how property is characterized and transferred on a petition. This section defines those key concepts and explains how they interact during petition proceedings, so parties can better prepare and participate in resolving title issues and moving forward with trust administration.
A trust is a legal arrangement where a grantor transfers assets to be held and managed by a trustee for the benefit of named beneficiaries. Trust documents outline the trustee’s powers and duties, distribution instructions, and conditions for managing assets. When assets intended for the trust remain titled in the grantor’s name, a Heggstad Petition can be used to ask a court to declare those assets trust property based on the grantor’s intent. Understanding trust provisions is fundamental to establishing that intent and supporting a petition to clear title for trust administration.
A trustee is the individual or institution designated to administer the trust according to its terms and in the best interests of the beneficiaries. Trustees have a duty to collect and manage trust assets, pay debts and taxes, and distribute property as specified by the trust. When property that should be part of the trust remains in the decedent’s name, the trustee may need to bring a Heggstad Petition to obtain a court order confirming that title belongs to the trust so the trustee can carry out these responsibilities without encumbrance or legal uncertainty.
A Heggstad Petition is a petition filed in probate court asking the judge to determine that certain assets are trust property despite their continued titling in the decedent’s name. It relies on evidence of the decedent’s intent and actions to show that the asset was meant to be part of the trust. The petition provides a legal mechanism to correct the record so trustees can manage and distribute the assets according to the trust, rather than through probate administration of individually titled property alone.
A pour-over will is a testamentary document that transfers any property remaining in the deceased person’s individual name into a previously established trust upon death. It often accompanies a trust-based estate plan so that leftover assets funnel into the trust for management and distribution. When assets intended to pour over remain in the decedent’s name, a Heggstad Petition may be necessary to confirm those assets should be treated as trust property and to allow the trustee to administer them under the terms of the trust.
When assets intended for a trust remain in the decedent’s name, there are different paths: informal settlement by agreement, probate proceedings, or a Heggstad Petition to the probate court. Informal resolution may work when heirs and institutions cooperate, but disputes or reluctant title-holders can stall matters. Probate can be lengthy and costly when assets are treated as part of the decedent’s estate. A Heggstad Petition is a targeted legal step that seeks a judicial determination recognizing trust ownership, which often leads to faster resolution and preserves the trust’s intended distribution scheme without full probate administration.
A limited approach can suffice when beneficiaries and trustees agree about the trust terms and financial institutions or title companies will accept available documentation to retitle or release assets without court intervention. If account signatures, beneficiary designations, or signed instruments clearly indicate the decedent’s intent, parties may resolve matters through written agreements and transfers. However, the absence of formal orders may leave lingering questions with third parties, so even in cooperative cases it is important to ensure documentation is thorough and the transfer process is completed in a way that minimizes future disputes.
For modest assets where the parties agree and the potential for dispute is low, a nonlitigated procedure such as informal transfer or a simple affidavit may work. Financial institutions sometimes have streamlined processes to pay small account balances or transfer vehicles into a trust with minimal paperwork. Choosing an informal route can save time and expense, yet parties should weigh the risk of future challenges and confirm that the method used will be accepted by all necessary institutions to avoid requiring later court action to correct title.
Comprehensive legal representation is important when beneficiaries contest the trust’s provisions, or when evidence of the decedent’s intent to fund the trust is incomplete or ambiguous. In such cases, a Heggstad Petition framed by thorough legal analysis and well-organized documentary support helps the court evaluate competing claims. Litigation skills and familiarity with probate procedures become necessary to present evidence, argue the law, and protect a trustee’s or beneficiary’s rights through hearings and potential appeals, which can be significant when assets or family relationships are complicated.
When untitled assets include real property, retirement accounts with beneficiary designations, or accounts with conflicting paperwork, engaging legal counsel to prepare a Heggstad Petition can resolve complicated title and ownership matters. Real estate often requires clear court orders to change title, while financial institutions may require judicial confirmation before transferring control. Legal representation helps assemble the necessary deeds, account statements, correspondence, and affidavits, and then translates that evidence into persuasive pleadings tailored to the court’s expectations and governing law.
A thorough legal approach to pursuing a Heggstad Petition reduces uncertainty and the risk of future disputes by obtaining a binding court order. That order clarifies ownership and authorizes trustees to manage or distribute assets without continuous challenge from third parties. Comprehensive preparation also anticipates likely objections, gathers stronger documentary evidence, and frames legal arguments in terms the court finds persuasive. The result is a more durable resolution that protects beneficiaries’ inheritances and the trustee’s ability to act with confidence under the trust’s terms.
Beyond clearing title, a comprehensive approach helps trustees meet fiduciary duties by ensuring all assets intended for the trust are located, documented, and properly transferred. This process minimizes complications with creditors, tax authorities, and successor beneficiaries. By addressing possible contentions early, trustees can avoid the delays and expense of protracted litigation. The focus on thorough documentation and clear legal argument often leads to faster acceptance by financial institutions and smoother final distributions consistent with the decedent’s wishes.
Obtaining a court order through a Heggstad Petition establishes clear title to assets and significantly reduces the likelihood of future challenges to a trustee’s actions. With a formal order, banks, brokerage firms, and title companies are more likely to recognize the trustee’s authority to manage, sell, or distribute assets. That judicial recognition protects beneficiaries and trustees alike by making the property’s status explicit in the public record, which supports smooth administration and decreases the chance that disputes will arise later over ownership or entitlement.
A well-prepared petition keeps the estate plan intact by ensuring that assets are treated as the decedent intended, preserving distribution schemes and trust protections. By resolving title questions promptly, trustees can proceed with paying debts, filing required tax returns, and making distributions without waiting for extended probate proceedings. This efficiency preserves asset value, reduces administrative costs, and helps beneficiaries receive their intended benefits in a timely manner, honoring the decedent’s plan and minimizing family stress during administration.
Start by collecting the trust instrument, any amendments, bank and brokerage statements, insurance documents, deeds, beneficiary designations, and correspondence the decedent left about asset intent. Early documentation streamlines the petition process and helps demonstrate the decedent’s intent to fund the trust. Organizing records by asset and date makes it easier to identify which items require court action. This preparation reduces delays when preparing pleadings and reduces the likelihood of surprises during court review or when institutions request additional proof.
Keep any emails, letters, memos, or notes that reflect the decedent’s instructions about property and the trust. Transaction records showing attempts to transfer assets before death are particularly valuable. Documenting these steps can strengthen the showing of intent required by the court. Even seemingly minor communications can corroborate the decedent’s plan and make a petition more persuasive, so assemble this evidence carefully and keep original documents available for filing and court review.
Consider a Heggstad Petition when assets intended for a trust remain in the decedent’s name and cannot be transferred through informal procedures. This situation can arise with bank accounts, brokerage accounts, vehicles, or real property where retitling was overlooked. A petition helps align the asset title with the decedent’s estate plan and supports the trustee’s ability to manage and distribute property. It also reduces the risk that assets will be treated as part of probate administration instead of being governed by the trust, which can change outcome and timing for beneficiaries.
Families should consider this service when conflicting claims are likely or when financial institutions require a court order to accept a trustee’s authority. Additionally, if the trust contains distribution provisions that would be frustrated by treating assets as probate property, a Heggstad Petition can protect those intended outcomes. Even when parties are cooperative, court confirmation provides finality that informal transfers may lack, so weighing the value of a binding judicial order against the time and cost of petitioning is an important step for trustees and beneficiaries.
Typical circumstances include trusts accompanied by pour-over wills, accounts left in the grantor’s name despite trust instructions, real property not deeded into the trust, and institution reluctance to transfer assets without judicial confirmation. The petition is also common where the grantor took steps indicating intent to fund the trust but died before completing retitling. Recognizing these recurring patterns helps trustees identify when filing is appropriate and what supporting documentation is likely to be persuasive in court.
Accounts that were intended to be owned by the trust but remain under the decedent’s name often require a Heggstad Petition when the institution will not transfer funds based on a trustee’s affidavit alone. Statements, account opening forms, and any retitling attempts are useful evidence. The petition asks the court to declare that those accounts were meant to be trust assets so the trustee can access funds for administration, pay debts, and make distributions without resorting to full probate proceedings that could delay access and increase costs.
When real property that should belong to the trust remains titled in the decedent’s individual name, title companies and county recorders may require a court order to change ownership. A Heggstad Petition can establish that the decedent intended the property to be part of the trust, allowing the trustee to record an order or deed transferring title. Resolving real property ownership through a petition provides clarity for sale, refinancing, or distribution and protects the trustee from later claims challenging the property transfer.
Sometimes documentation conflicts, such as mismatched beneficiary forms or partial retitling attempts, which makes institutions hesitant to transfer assets. A Heggstad Petition gathers and presents the evidence in a judicial setting so the court can resolve ambiguities. This process helps sort competing claims and clarifies how assets should be treated under the trust. Filing a petition is often the best path when inconsistencies exist and a binding legal determination is needed to proceed with administration.
The Law Offices of Robert P. Bergman provide guidance to individuals and trustees in Artesia and across Los Angeles County on resolving untitled trust assets. We help identify whether a Heggstad Petition is appropriate, collect the supporting documentation, prepare court filings, and represent client interests through the filing and hearing process. Our approach is practical and focused on obtaining a clear court order that allows trustees to proceed with administration. Clients can expect assistance in communicating with banks and title companies so assets move into the trust as intended.
Choosing the right legal support matters when preparing a Heggstad Petition. Our office emphasizes careful fact-gathering, clear legal analysis, and timely court filings tailored to local probate rules. We explain the likely evidence needed, coordinate collection of documents, and communicate with interested parties to reduce surprises in court. Trustees and families benefit from our focused preparation that aims to secure a judicial order recognizing trust ownership and enabling efficient administration of trust assets consistent with the decedent’s estate plan.
We prioritize client communication, explaining options, timelines, and potential outcomes so trustees and beneficiaries understand the process and can make informed decisions. Where possible we work to resolve matters without unnecessary litigation by identifying agreeable solutions and presenting persuasive legal arguments early. If court action is needed, we present a clear case to the probate court with supporting evidence that addresses likely objections and clarifies title. Our goal is to achieve a final resolution that aligns with the decedent’s documented intentions.
Clients receive practical guidance about coordinating transfers with banks, brokerage firms, and title companies after a court order. We help ensure that any post-order retitling or recording proceeds smoothly so trustees can manage, sell, or distribute assets. By providing comprehensive support from document collection through final transfers, we aim to reduce administrative burdens on families and help preserve the decedent’s wishes as reflected in trust instruments, pour-over wills, and related estate planning documents.
Our process begins with a consultation to review the trust documents and the assets in question, followed by a document collection phase where we gather account statements, deeds, and any relevant correspondence. Next, we prepare the petition and supporting declarations, identify and notify interested parties, and file the matter in probate court. We monitor filings, respond to any objections, and present the necessary evidence at hearing. After an order is obtained, we assist with implementation steps to transfer or retitle assets into the trust for administration and distribution.
We begin by assessing trust instruments, beneficiary designations, deeds, and account records to determine whether a petition is likely to succeed and what evidence is needed. This step identifies any gaps, conflicting documents, or items requiring additional investigation. We also determine who should be named as interested parties and outline the likely timeline and costs. Clear assessment upfront allows trustees to decide whether to proceed with a petition and what preparatory steps will strengthen the filing and the chances of a favorable court order.
Collecting trust documents, deeds, bank statements, account applications, and correspondence is essential at the outset. These records show the relationship between specific assets and the trust and provide evidence of the decedent’s intent to fund the trust. We help trustees identify where records are located and request needed documents from institutions. Organized records speed the petition drafting process and reduce the chance of surprises during court review or in response to objections from other parties.
We identify beneficiaries, heirs, and any other interested parties who must be notified of the petition, and we analyze potential grounds for objection. Understanding likely objections helps us address them in the petition and supporting declarations, and may allow us to resolve disputes informally before court. This preparation includes verifying notice requirements under local probate rules and ensuring that all necessary parties receive proper service so the court can consider the petition without procedural defects.
In this phase we draft the petition and supporting declarations, attach documentary evidence, and file the papers in probate court. We prepare a clear statement of facts showing the decedent’s intent, describe the asset at issue, and request an order transferring title to the trustee. We also ensure compliance with procedural and local rules, prepare service packets for interested parties, and address any initial counsel or institution inquiries to reduce delays in scheduling hearings and resolving the matter efficiently.
Drafting includes presenting persuasive factual narratives supported by documentary evidence and preparing declarations from trustees or witnesses who can attest to the decedent’s intent. The pleading outlines why the court should treat the asset as trust property and explains how transferring title serves the estate plan. Well-organized legal argumentation framed around the key facts increases the likelihood the court will grant the petition and issue a clear order that financial institutions and title companies will accept.
After filing, we ensure proper service on all required parties and monitor any procedural requirements imposed by the court. If the court asks for additional information or if objections arise, we respond with supplemental declarations or amended pleadings that address the court’s concerns. Taking prompt and professional action at this stage keeps the matter moving forward and reduces the risk of procedural setbacks that could delay obtaining a final order confirming trust ownership of the contested asset.
Once the court schedules a hearing, we present the petition and supporting evidence, address any objections, and ask the court for an order declaring the asset to be trust property. If the court grants the petition, we file the order and assist with any recording, retitling, or notifications required by institutions or county recorders. Post-order implementation ensures the trustee receives clear authority to manage or distribute the asset according to the trust terms, completing the administrative cycle and closing the title issue for that asset.
At the hearing, we present the collected evidence and argue why the court should recognize the asset as trust property. We anticipate and respond to objections concerning intent, documentation, or procedure, and we underscore the legal basis for granting the requested order. Clear presentation and direct responses to the court’s questions can help secure the ruling needed to move assets into the trust and allow the trustee to act in accordance with the trust instrument without ongoing uncertainty or further court involvement.
After the court issues an order, we coordinate with title companies, banks, or other institutions to record deeds or retitle accounts as necessary. We prepare any documents required by institutions to effect the transfer and ensure that public records reflect the trust’s ownership where applicable. This final implementation step secures the practical effect of the court ruling and enables the trustee to continue administration, pay debts, and distribute assets as directed by the trust without further administrative barriers.
A Heggstad Petition is a probate court filing that asks the court to declare certain property to be trust property even though title remains in the decedent’s name. It is used when the decedent clearly intended assets to belong to the trust but failed to retitle them before death. The petition presents evidence of intent, such as trust documents, account records, deeds, or communications, and requests a judicial order to transfer ownership to the trustee so the trust can be administered according to its terms. This remedy helps align legal title with the estate plan and facilitates distribution. Filing such a petition becomes appropriate when institutions or other parties will not accept trustee authority based on nonjudicial documentation alone. It is a focused court process designed to correct title issues without necessarily opening a full probate estate for all assets. The petition aims to protect beneficiaries’ interests by securing a court order that financial institutions and title companies will recognize, enabling trustees to manage and distribute assets with legal certainty.
The timeline for resolving a Heggstad Petition varies depending on the complexity of the case, the court’s calendar, and whether interested parties object. Simple, uncontested petitions with clear documentation may be resolved in a matter of weeks to a few months, while contested matters or cases requiring additional discovery or evidentiary hearings can take longer. Preparation time for collecting documents and drafting pleadings also affects the overall schedule, so early organization can shorten the path to filing and hearing. Local court procedures and the need to serve interested parties contribute to timing differences across counties. If objections arise, hearings are scheduled and the court may require supplemental submissions or additional testimony, extending the process. Working proactively to address likely objections and ensuring compliance with procedural requirements helps move a petition through the system more efficiently and reduces unnecessary delay for trustees and beneficiaries.
Supportive evidence for a Heggstad Petition typically includes the trust instrument and any amendments, account statements, deeds, account opening forms, retitling attempts, beneficiary designation forms, and communications that reflect the decedent’s intent to fund the trust. Declarations from trustees or witnesses who can attest to the decedent’s statements or actions are often helpful. The goal is to present a coherent record demonstrating the connection between the asset and the trust so the court can find the asset belongs in the trust by a preponderance of the evidence. Documentation showing steps taken to transfer the asset before death, such as correspondence with financial institutions or signed transfer forms, strengthens the petition. When evidence is incomplete, careful affidavits and corroborating records can fill gaps. A well-organized evidentiary presentation tailored to the court’s expectations increases the likelihood of a favorable order that financial institutions and title companies will accept.
A Heggstad Petition can avoid placing the contested asset into general probate when the court recognizes it as trust property, but it does not automatically eliminate probate for other assets within the decedent’s estate. The petition addresses specific assets that should be treated as trust property; other individually titled assets without a trust designation may still be subject to probate administration depending on the estate plan and how many assets remain outside the trust. The petition’s purpose is to align title with the trust for the assets at issue. In practice, securing a court order for particular assets reduces the scope of probate by removing those assets from estate administration. This saves time and cost for affected beneficiaries and helps preserve the testamentary structure the decedent intended. Trustees should review the estate to identify all assets that may require similar petitions or alternative probate steps to avoid unexpected probate proceedings for remaining property.
Yes, beneficiaries or potential heirs can object to a Heggstad Petition, which may lead to contested hearings where evidence and legal arguments are presented to the court. Objections often assert that the decedent did not intend the asset to be part of the trust, that documentation is insufficient, or that procedural defects exist in the petition. Addressing likely objections by gathering strong documentary support and preparing witness declarations improves the chance of a successful petition and can sometimes resolve disputes before a hearing. When objections arise, the court evaluates the evidence and may require additional facts or testimony to determine the decedent’s intent. Resolving contested petitions may involve negotiation between parties, supplemental filings, or a hearing, and the court’s order will ultimately dictate whether the asset moves into the trust. Preparing thoroughly and communicating with interested parties early may reduce the likelihood or impact of formal objections.
Costs for filing a Heggstad Petition vary based on the amount of preparation required, local court filing fees, and whether the matter is contested. Reasonable preparation includes document collection, drafting the petition and declarations, service on interested parties, and court attendance. Contested matters increase costs due to additional drafting, hearings, and possible discovery. The overall cost is influenced by the complexity of the asset, the volume of supporting evidence, and the need for negotiation or contested hearings to resolve objections. Investing in careful preparation can reduce downstream expenses by shortening court proceedings and minimizing costly surprises. Trustees should discuss expected fees, filing costs, and likely scenarios with legal counsel so they understand potential expenditures and how those costs compare to the value or administrative benefit of obtaining a court order for the contested asset.
If a financial institution initially refuses to transfer assets after a court order, additional steps may be necessary such as providing certified copies of the order, working with institution counsel, or filing supplemental motions with the court to enforce compliance. Often institutions require specific documentation or internal procedures to process orders, and coordinating with the institution and the court can resolve hold-ups. Clear, court-signed orders that directly address the institution’s concerns usually succeed in facilitating the transfer when accompanied by proper recording or documentation. In rare cases where institutions remain uncooperative, counsel may request the court’s assistance to enforce its order or seek relief for noncompliance. Maintaining thorough records of communications and following the court’s instructions for implementing orders minimize delays. Assistance in preparing the correct post-order paperwork and coordinating with title and escrow services helps ensure effective completion of transfers.
While the substantive law behind Heggstad Petitions is consistent across California, procedural rules and local court practices can differ by county. Filing requirements, timelines, and specific local forms may vary, so familiarity with the Los Angeles County probate procedures is important for a smooth process in Artesia and surrounding areas. Understanding local calendars, hearing practices, and clerk procedures allows petitions to be prepared in a way the local court expects, which helps avoid procedural delays and increases the chance the matter will move efficiently through the system. Because of these local differences, trustees often benefit from counsel who knows the county’s probate norms and can anticipate typical court questions or evidentiary preferences. Tailoring pleadings to local practice and following departmental procedures reduces the risk of delays or technical rejections and helps clients obtain the needed court order in a timely manner.
Retirement accounts and life insurance proceeds can present separate challenges because they often pass by beneficiary designation rather than by trust titling. A Heggstad Petition typically addresses assets that are legally capable of being retitled into a trust or declared trust property by the court. Where a retirement account or insurance policy lists a beneficiary other than the trust, resolving that issue may require different steps. If the decedent intended the trust to receive such proceeds but designations were not updated, documentation of intent and coordination with account administrators are necessary to determine the appropriate remedy. For accounts with beneficiary designations, trustees should review plan documents and beneficiary forms to determine whether a court order is needed and what evidence will satisfy plan administrators. In some cases, a combination of judicial orders and administrative adjustments will be required to align proceeds with the trust, and a careful approach helps secure each institution’s agreement and ensure distributions follow the decedent’s wishes.
To begin, gather the trust document and any relevant records for the assets you believe should be in the trust, including deeds, account statements, and correspondence. Contact our office to schedule a consultation where we will review the documents and advise whether a Heggstad Petition is an appropriate next step. Early evaluation saves time by identifying necessary evidence and potential obstacles before filing. Preparing an organized packet of documentation reduces the time needed to draft the petition and supports a smoother court process. During the initial consultation we will explain the steps involved, identify interested parties who need notice, and provide an estimate of likely timing and costs based on the asset type and complexity. If you decide to proceed, we assist with collecting additional records, prepare and file the petition, and guide you through service and the hearing process to secure a court order so the trustee can transfer or manage the assets as intended under the trust.
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