A revocable living trust is a practical estate planning tool many Claremont residents use to manage assets during life and to ease the transfer of property after death. At the Law Offices of Robert P. Bergman we help clients understand how a revocable living trust functions alongside other documents such as a pour-over will, financial power of attorney, and advance health care directive. This page explains how a trust can reduce delays for heirs, provide continuity in asset management, and offer privacy by avoiding probate. You will find clear guidance about common documents and how they work together to protect your decisions and family.
Choosing whether a revocable living trust fits your circumstances depends on property types, family dynamics, and long-term goals. Many people create trusts to maintain control over assets while alive and to simplify post-death administration for loved ones. We discuss typical trust provisions, funding strategies for bank and real property accounts, and related filings such as certification of trust. You will also learn about tools like the general assignment of assets to trust, HIPAA authorizations, and guardianship nominations. Our goal here is to give homeowners and families in Claremont straightforward information so they can make informed decisions about their estate plan.
A revocable living trust provides a flexible framework to manage and protect assets during incapacity and to distribute property after death without the public processes of probate. For individuals with real estate in Claremont, investment accounts, or family businesses, a trust can reduce administrative burdens for beneficiaries and preserve privacy. It permits tailored successor management through a trustee designation, enables detailed distribution instructions, and can coordinate with documents such as a pour-over will and health care directive. While it does not shelter assets from taxation in most cases, its primary value lies in continuity of management, ease of transfer, and peace of mind for families facing transitions.
The Law Offices of Robert P. Bergman assist individuals and families across California with practical estate planning solutions. Our approach emphasizes clear communication and personalized planning that reflects each client’s priorities, whether those include preserving family wealth, protecting a loved one with special needs, or arranging for the care of a pet. We help prepare common estate documents such as revocable living trusts, wills, powers of attorney, and trust-related petitions. When necessary, we prepare trust modification petitions or Heggstad petitions to address funding and title issues. Clients appreciate receive-focused guidance and help navigating procedural steps for a smooth estate transition.
A revocable living trust is a legal arrangement in which the grantor transfers ownership of assets into a trust during life while retaining the right to modify or revoke the trust. The grantor names a successor trustee to manage the trust in the event of incapacity or death. Funding the trust involves retitling assets or assigning them to the trust, and documents like a general assignment of assets to trust or certification of trust support that process. While the trust provides a framework for asset management and distribution, other documents such as wills and powers of attorney remain integral parts of a complete estate plan and work together with the trust for comprehensive coverage.
The benefits of a revocable living trust are most evident when assets are properly funded and successor designations and distribution instructions are clearly stated. A trust can streamline the transfer of property without public probate proceedings for many assets, though certain items may still require court involvement. For families with minor children, a trust can provide guardianship nominations and financial oversight. Trusts also allow flexibility for changes in family circumstances through trust amendment or modification. Our guidance emphasizes careful planning for funding, beneficiary designations, and practical administration steps to reduce disputes and ensure intentions are honored.
A revocable living trust is a private document that holds title to assets under the direction of the person who creates it. That person controls the trust while living and can amend or revoke it as long as they have capacity. The document names a successor trustee who takes over management if the creator becomes incapacitated or dies, allowing continuous stewardship of assets without interruption or court-appointed guardianship. A revocable living trust may include instructions about distributions to beneficiaries, care for a dependent with special needs, or the creation of subtrusts for tax or protection purposes. It works closely with other estate documents to create a full plan.
Creating a revocable living trust involves drafting the trust instrument to reflect the grantor’s wishes, identifying trustee and successor trustee roles, and listing beneficiaries and distribution conditions. The process continues with funding the trust by transferring titles or using a general assignment of assets to trust for accounts that cannot be retitled immediately. Supporting documents such as a pour-over will, certification of trust, financial power of attorney, and advance health care directive ensure that uncovered assets and health or financial decisions are handled consistently. Properly documenting and recording transfers, updating beneficiary designations, and reviewing the plan periodically are standard steps to keep the trust effective.
Understanding common terms helps you navigate the trust process and communicate your intentions clearly. Below are definitions of frequently encountered terms, explained in straightforward language so you can see how they relate to the trust and to other documents in your estate plan. Familiarity with these terms makes funding, administration, and updates less confusing for you and for those who carry out your wishes. If a specific term raises questions about how it applies in your situation, we provide practical explanations and examples for Claremont residents to consider.
The grantor, sometimes called the settlor or trustor, is the person who creates the revocable living trust and transfers assets into it. The grantor sets the trust’s terms, names trustees and beneficiaries, and retains the ability to amend or revoke the trust while alive and capable. Because the grantor often continues to act as the initial trustee, they maintain control of trust assets during life. Clarifying the grantor’s roles and powers in writing helps prevent confusion if circumstances change and ensures successor arrangements come into effect smoothly if the grantor becomes unable to manage financial affairs.
A successor trustee is the individual or institution designated to take over management of the trust when the grantor is incapacitated or has died. The successor trustee is responsible for managing trust assets, paying debts and taxes, and distributing property to beneficiaries according to the trust’s terms. Selecting a successor trustee involves weighing factors like trustworthiness, willingness to serve, and practical ability to manage financial and administrative responsibilities. Some people name family members alongside a professional fiduciary or corporate trustee to ensure balanced oversight and continuity of asset management.
Funding the trust means transferring ownership of assets into the trust’s name so they are governed by the trust document. Funding can include retitling real estate, moving bank accounts, assigning investment accounts, and listing the trust as beneficiary where permitted. In cases where immediate retitling is difficult, a general assignment of assets to trust may be used as an interim measure. Proper funding is essential for the trust to function as intended; assets left outside the trust may still require probate or separate administration, which can delay distribution and add costs for beneficiaries.
A pour-over will works with a revocable living trust to capture any assets the grantor did not transfer into the trust during life. It directs those assets to the trust upon death, ensuring they are ultimately distributed according to the trust’s instructions. While a pour-over will helps consolidate distribution intentions, assets covered only by the will may still go through probate first. Combining a pour-over will with proactive trust funding and beneficiary updates minimizes the number of assets that require probate and supports a smoother transition for heirs and trustees.
When planning an estate, people commonly consider revocable living trusts, last wills and testaments, or a combination of both. A will directs distribution and appoints guardians for minors but generally requires probate administration. A revocable living trust often avoids probate for assets properly funded into the trust and provides a mechanism for management during incapacity. Other options, such as joint ownership, payable-on-death designations, or transfer-on-death arrangements, can serve specific goals. The right approach depends on priorities like privacy, speed of transfer, ease of administration, and the types of property involved in the estate.
For individuals with a small estate comprised primarily of personal items and modest bank accounts, a last will and testament combined with beneficiary designations may provide adequate planning without the added steps of creating and funding a trust. If assets are few and family members are in agreement about distribution, the administrative overhead of a trust might not be necessary. It is important, however, to ensure that beneficiary designations are current and that a will designates guardians for minor children. Periodic review keeps the plan aligned with changing circumstances and relationships to prevent future complications.
Some households have straightforward finances and clear heir relationships, where transfers via beneficiary designations, joint accounts, and a will will likely accomplish planning goals. When there is little real property, no business ownership, and minimal concerns about incapacity management, a less complex approach can be efficient and cost-effective. Nonetheless, even in low-complexity cases, including a financial power of attorney and advance health care directive ensures that trusted individuals can make decisions if the owner becomes temporarily or permanently unable to act.
A comprehensive plan centered on a revocable living trust is often chosen by those who wish to avoid probate, maintain privacy, and provide uninterrupted asset management when incapacity occurs. Probate can take months and involve public court filings, while a fully funded trust commonly allows successor trustees to distribute property more privately and quickly. This continuity helps minimize stress for beneficiaries, maintain banking and property operations, and reduce the administrative timeline after the grantor’s death. A trust-based plan supports detailed distribution rules and orderly handling of unique family circumstances.
When an estate includes real property in Claremont, retirement accounts, business interests, or family members with special needs, a comprehensive trust arrangement can provide tailored management and protective provisions. Trusts can include subtrusts for specific beneficiaries, instructions for long-term care funding, and mechanisms to oversee distributions over time. These features help protect beneficiary interests and ensure that assets are used according to the grantor’s intentions. Thoughtful coordination of beneficiary designations and trust funding is essential to prevent unintended outcomes and frequent disputes.
A trust-centered estate plan offers several benefits, including continuity of asset management during incapacity, potential avoidance of probate for properly funded assets, and enhanced privacy compared to probate court proceedings. A comprehensive plan also permits more detailed instructions for distributions, safeguarding inheritances for vulnerable beneficiaries and accommodating specific family wishes. By combining a revocable living trust with supporting documents such as HIPAA authorizations and powers of attorney, families can design a plan that addresses both financial and medical decision-making, keeping personal affairs out of public record and easing the responsibilities placed on survivors.
Another important benefit is flexibility. Because a revocable trust can be amended or revoked during the grantor’s lifetime, it adapts to changes in family structure, finances, or health. That flexibility helps clients maintain control while providing clear succession instructions for trustees and beneficiaries. Properly prepared trusts also make practical administration easier by grouping assets under a single document and beneficiary framework, which can reduce confusion among heirs, speed asset distribution, and reduce the likelihood of disputes that arise from unclear or incomplete estate instructions.
A trust allows many asset transfers to occur outside of public probate proceedings, preserving family privacy and reducing the visibility of estate distributions. Successor trustees administer the trust according to written instructions without the same level of court oversight, which often speeds distributions and lessens administrative interruptions. This smoother transition can be particularly valuable for families who wish to protect sensitive financial information, maintain business continuity, or avoid drawing attention to personal matters during a difficult time. Careful drafting helps ensure the trust accomplishes these objectives while maintaining compliance with state requirements.
Trusts permit nuanced distribution schedules and protective provisions tailored to beneficiaries’ needs, such as staggered disbursements, conditions tied to milestones, or provisions for care of a family member with special needs. These terms help prevent premature depletion of inherited assets and provide structure when managing funds for minors or adults who require oversight. Through thoughtful trust design, grantors can balance immediate needs with long-term security for loved ones, and include mechanisms for successor trustees to carry out the grantor’s intent responsibly and consistently across changing circumstances.
Creating a trust is only the first step; properly funding it is what makes it effective. Review bank accounts, investment accounts, and real property titles to determine which assets should be transferred into the trust. Update beneficiary designations where appropriate and execute a general assignment of assets to trust when immediate retitling is not feasible. Taking the time to fund the trust reduces the number of assets that must go through probate and helps ensure your intent is honored without delay. Regularly review your accounts and deeds to keep the plan current as circumstances change.
A revocable living trust is a valuable tool for managing assets if you become unable to make financial decisions. In addition to the trust, execute a financial power of attorney and an advance health care directive to designate trusted persons to handle finances and medical decisions. Naming a reliable successor trustee and communicating your expectations in writing reduces confusion and makes transition smoother. Also consider whether a guardianship nomination is needed for minor children. These measures together create a practical roadmap for decision-making during challenging times.
Consider a revocable living trust if you own real property in Claremont, have multiple types of assets, or wish to minimize the delays and public process of probate administration. A trust is also helpful when you want to ensure continuous management during incapacity without court-appointed conservatorship, or when you prefer detailed distribution terms for beneficiaries and descendants. Those with blended families, beneficiaries with special needs, or property in multiple states often find trust-based plans provide clarity and practical management provisions that a will alone cannot accomplish.
If you are concerned about privacy or want to reduce potential hardships for heirs during estate administration, a revocable living trust can be an effective choice. Trusts work well alongside documents such as a pour-over will, certification of trust, HIPAA authorization, and powers of attorney to create a coordinated plan addressing both financial and medical decision-making. Even if your estate does not appear large now, planning early can prevent unnecessary complications later, especially after major life events or changes in asset ownership that might otherwise trigger probate or confusion among family members.
People often opt for a revocable living trust when they own real estate, have a business interest, serve as a trustee for family wealth, or have beneficiaries who need long-term financial oversight. Trusts are also useful when avoiding probate is a priority, when privacy is desired, or when grantors wish to plan for potential incapacity without court involvement. Families with minor children or a dependent who requires ongoing care frequently include specific trust provisions to ensure funds are used responsibly and in line with stated goals and timing for distributions.
Owners of residential or rental real estate often find a revocable living trust simplifies transfer of property to heirs while avoiding probate for those assets. Transferring title of each property into the trust, along with a clear succession plan, allows successor trustees to manage or sell real estate as directed without court supervision. This approach can preserve property value and reduce administrative delay for beneficiaries. Properly recording deeds and coordinating mortgage and title documents with the trust ensures the intended property outcomes are achieved on schedule.
If you have minor children or beneficiaries who may need oversight, a trust can set terms for how and when distributions are made, name a trustee to manage funds, and provide instructions for education, health care, and general support. These measures help ensure that assets are used for the intended purposes and that a trusted person oversees financial decisions until beneficiaries reach specified ages or milestones. Including explicit guidance within the trust reduces ambiguity and helps successor trustees follow the grantor’s wishes consistently over time.
Retirement accounts, investment portfolios, and business interests require careful coordination with a trust, because naming beneficiaries and aligning distributions are essential to avoid tax or administrative complications. While some retirement accounts are not held directly by a trust, beneficiary choices must fit the broader plan to achieve desired outcomes. A trust-based plan helps align these assets with long-term goals, allows for staggered distributions when appropriate, and supports orderly management of complex holdings when the grantor is no longer able to act.
The Law Offices of Robert P. Bergman serve clients in Claremont and throughout Los Angeles County with practical estate planning services tailored to local property and family concerns. We assist with drafting and funding revocable living trusts, preparing complementary documents like pour-over wills, and advising on trust administration steps such as trust certification and general assignment of assets. Whether you need help organizing documents, naming trustees and beneficiaries, or preparing petitions to address title or funding issues, we provide straightforward guidance and clear next steps to help you complete an effective estate plan that reflects your goals.
Clients select our firm for practical estate planning assistance because we offer a hands-on approach that focuses on clear communication and actionable documents. We explain how a revocable living trust will interact with insurance, retirement accounts, and real property, and we help prepare supporting documents such as powers of attorney and health care directives. Our planning emphasizes making the administration of your estate straightforward for those who will act on your behalf, reducing confusion and unexpected delays for your loved ones.
We guide clients through trust funding and the necessary steps to retitle assets or prepare a general assignment of assets to trust when immediate retitling is impractical. For families with special needs beneficiaries, trusts can include protections and oversight to ensure long-term support. When property or account issues arise, we prepare petitions such as trust modification or Heggstad petitions to resolve funding and title matters, helping align your assets with the plan’s intentions while complying with applicable California requirements.
Our priority is to create estate plans that are clear, coordinated, and tailored to each family’s circumstances. We provide practical timelines, checklists, and document templates so clients understand the steps for execution and follow-up. By focusing on realistic recommendations and durable documents like certification of trust and pour-over wills, we help clients build plans that reduce friction for successors and provide confidence that intentions will be carried out responsibly and discreetly.
Our process begins with a planning discussion to understand your assets, family circumstances, and goals for distribution. We then draft a trust and supporting documents tailored to those aims and review them with you for clarity and completeness. After execution, we assist with funding the trust and updating beneficiary forms, and we prepare any necessary documentation like certification of trust or a general assignment of assets to trust. If complexities arise, such as property held outside the trust or title issues, we prepare petitions or coordinate with third parties to resolve those matters efficiently.
In the initial planning stage we collect information about your real estate holdings, bank and investment accounts, retirement assets, life insurance policies, and any business interests. We discuss family dynamics, desired timing of distributions, and considerations such as care for minor children or special needs beneficiaries. This review allows us to tailor trust provisions and identify which assets should be retitled or assigned to the trust. We also review guardian nominations, HIPAA authorizations, and powers of attorney so your plan addresses both financial and health care decisions comprehensively.
We compile a detailed inventory of assets and confirm current beneficiary designations to identify gaps or conflicts with trust objectives. This includes real property, bank accounts, investment and retirement accounts, business interests, and personal property. By clarifying ownership and beneficiary status early, we can recommend precise steps to fund the trust and ensure beneficiary forms are aligned with the trust’s distribution plan. This preventive work reduces the potential for assets to unintentionally remain outside the trust at the time of incapacity or death.
During the planning conversation we focus on your priorities for how assets should be used and distributed, such as timelines for disbursements, provisions for education, or support for beneficiaries with special needs. We discuss whether you prefer immediate distributions, staged disbursements by age, or conditions tied to certain milestones. Understanding those preferences informs draft trust provisions so the trust reflects clear, workable instructions for successor trustees and reduces ambiguity that might otherwise lead to disputes or administrative difficulties.
Once goals and assets are confirmed, we prepare the trust document and supporting instruments tailored to your needs. Documentation typically includes the revocable living trust itself, a pour-over will, financial power of attorney, advance health care directive, HIPAA authorization, and guardianship nominations if needed. We review each document with you, explain trustee and beneficiary responsibilities, and make any revisions to ensure clarity. After execution, we provide guidance and checklists for retitling accounts, recording deeds, and completing beneficiary changes needed to fund the trust.
We walk through draft documents with you to confirm the language matches your intentions and that distribution instructions, trustee powers, and successor arrangements are clearly stated. At this stage we address any concerns about management powers, tax considerations, or special provisions for beneficiaries. If modifications are needed to accommodate changing circumstances or to clarify terms, we incorporate those revisions before final execution. Clear drafting at this step reduces the likelihood of later misunderstandings and eases administration for successor trustees.
Execution typically requires proper signing and notarization where applicable, and we make sure all formalities are followed so the documents will be effective when needed. For real property transfers, deeds must be prepared and recorded to reflect trust ownership. We provide signing instructions and facilitate notarizations, witness requirements, and record filings to ensure legal validity. After execution, clients receive organized copies and guidance on next steps for funding the trust and storing documents securely to preserve access and clarity for successors.
After executing the trust, we assist with funding steps such as retitling bank and investment accounts, preparing and recording deeds for real property, and updating beneficiary designations. If some assets cannot be immediately moved into the trust, we prepare interim measures like a general assignment of assets to trust and coordinate the use of a pour-over will. We also recommend periodic reviews following major life events to update the plan. Ongoing attention helps ensure the trust remains aligned with current wishes and asset ownership, minimizing future complications for successors.
We prepare and review deeds for real property and guide you through the process of retitling accounts to the trust. This may include preparing grant deeds, coordinating with title companies, and advising on when to use a general assignment of assets to trust. Ensuring proper documentation and recording is important to establish the trust’s control over assets and to avoid gaps that could lead to probate or administrative hurdles. We provide clear checklists so property transfers are completed accurately and in accordance with local recording requirements.
Estate plans should be reviewed after life changes such as marriage, divorce, birth of children, acquisition or sale of significant assets, or beneficiary changes. We recommend periodic reviews to confirm beneficiary designations, trustee selections, and funding status remain consistent with your goals. If updates are needed, amendments or restatements of the trust can be prepared to reflect current intentions. Proactive reviews reduce the chance that outdated documents produce unintended results and help maintain an effective and responsive plan over time.
A revocable living trust and a last will and testament serve different roles in a comprehensive estate plan. A will directs the distribution of assets at death and can nominate guardians for minor children, but most assets distributed by a will typically pass through probate court. Probate is a public, court-supervised process that can take months and involve fees. In contrast, a properly funded revocable living trust allows many assets to transfer to beneficiaries without probate, enabling a more private and often quicker administration handled by a successor trustee. Both documents can work together through a pour-over will that captures any assets not transferred into the trust during life and directs them to the trust after death. A will remains important because it can name guardians and provide a safety net for assets that were not retitled. For many families, using both a trust and a will provides a balanced approach that addresses incapacity, privacy, and distribution preferences while reducing the need for probate.
A revocable living trust provides benefits related to management and transfer of assets, but it does not inherently shield assets from federal or state estate taxes or from legitimate creditor claims. Because the grantor retains control and the ability to revoke the trust, assets in a revocable trust are typically considered part of the grantor’s taxable estate. For protection against creditors or estate tax planning, irrevocable structures or other strategies would be needed, which involve different considerations and trade-offs. That said, a revocable trust can be a planning tool that supports tax and creditor planning when used alongside other measures. Proper coordination with retirement planning, life insurance, and tax-aware drafting can help align a trust with broader goals. A careful review of your financial picture helps determine whether additional strategies are appropriate to address taxes or creditor concerns.
Funding a revocable living trust typically involves retitling assets into the trust’s name, which may include preparing and recording deeds for real property, changing account registrations for bank and investment accounts, and updating titles for vehicles where appropriate. For assets that cannot be immediately retitled, a general assignment of assets to trust can serve as an interim step. Beneficiary designations for retirement accounts and life insurance should also be reviewed to ensure they align with the plan and the trust’s distribution strategy. We provide checklists and step-by-step assistance to help clients complete funding tasks. Properly documenting transfers and keeping records helps successors verify trust ownership and carry out administration smoothly. Regular follow-up after execution ensures no significant assets remain unintentionally outside the trust.
Naming successor trustees provides continuity if you become incapacitated or pass away. It is common to name more than one successor trustee, such as a trusted family member along with a professional fiduciary or co-trustee arrangement, to balance personal knowledge of family circumstances with practical administrative skills. When selecting successor trustees, consider reliability, decision-making ability, geographic proximity, and willingness to serve. You should also name backup trustees in case the primary successors are unable or unwilling to act. Clear guidance in the trust document about co-trustee powers, decision-making processes, and compensation can reduce conflicts. Discussing your choices with potential trustees ahead of time helps ensure they understand the role and can act responsibly when needed, reducing surprises for family members at critical moments.
If an asset is not transferred into the trust before death, that asset may still need to go through probate under the terms of a will or intestacy law if there is no valid will. A pour-over will can help by directing those assets to the trust after probate, but probate can cause delays and public disclosure. To minimize this risk, review your asset list and complete funding steps after signing the trust to ensure high-value assets and titled property are included. In cases where funding oversights occur, legal steps such as a Heggstad petition or trust modification petition can sometimes be used to rectify funding or title issues. Prompt review and correction reduce the chances of administration problems for successors and help keep the estate aligned with the grantor’s intentions.
Estate plans should be reviewed periodically and after significant life events including marriage, divorce, births, deaths, major asset purchases or sales, and changes in beneficiary relationships. A review every few years ensures beneficiary designations remain current, trustee selections are appropriate, and funding remains complete. Changes in tax law or personal circumstances can also warrant updates to trust documents or supporting instruments like powers of attorney and health care directives. Making timely updates reduces the risk of unintended distributions and administrative complications for successor trustees. If substantial changes are needed, amendments or restatements of the trust can be prepared to reflect new goals, and we provide guidance to implement these changes efficiently while preserving continuity of the estate plan.
A trust can include provisions that preserve eligibility for public benefits for a beneficiary with special needs while also providing supplemental support. Carefully drafted terms — often using a supplemental needs trust structure within the planning framework — can direct trust resources in ways that do not count as income or assets for benefits purposes. It is important to state that trust distributions are intended to supplement, not replace, public benefits and to coordinate timing and use of funds accordingly. Because rules governing public benefits can be complex, careful drafting and ongoing administration are important to avoid jeopardizing eligibility. Working with advisors who understand both the legal and practical aspects of benefit coordination helps ensure the trust supports the beneficiary’s quality of life without unintended consequences for benefit status.
One of the privacy advantages of a revocable living trust is that many asset transfers under the trust do not require probate court filings, which keeps details of distributions out of public record. The trust document itself may remain private, and successor trustees typically administer the trust without routine court supervision, providing confidentiality for family affairs and asset transfers. This contrasts with the probate process where filings and inventories become part of the public record. Certain matters related to real property transfers, recorded deeds, or court petitions may still appear in public records, but the overall estate distribution under a properly funded trust is generally less public than probate. Maintaining clear documentation and thoughtful estate structuring helps preserve this confidentiality for your family.
Retirement accounts such as IRAs and 401(k)s often have rules that make direct ownership by a revocable living trust impractical or tax-inefficient. Instead, many clients name individual beneficiaries or a trust as beneficiary depending on goals and tax considerations. When a trust is named as beneficiary, the trust’s terms and distribution timing must be carefully drafted to comply with IRS rules and to preserve tax advantages. Consulting on beneficiary designations helps align retirement accounts with the broader estate plan while considering distribution and tax implications. In many cases, coordinating beneficiary forms with trust planning yields the best result: retirement accounts remain payable to beneficiaries in a tax-aware manner while other assets are administered through the trust. Each situation is unique, and reviewing account terms and the trust’s provisions together is essential to avoid unintended outcomes and to achieve desired distribution objectives.
A Heggstad petition is a court procedure used in California to confirm that property intended to be part of a trust should be treated as trust property even if title was not formally transferred into the trust before death. It provides a judicial declaration that the decedent intended the property to be held in trust, allowing successors to avoid a more extensive probate process. The petition is useful when there is clear evidence of intent to fund the trust but a title transfer was overlooked or incomplete. Filing a Heggstad petition involves presenting documentation and facts to the court that demonstrate the grantor’s intent and the steps taken to create and fund the trust. While the petition can resolve funding issues, it is preferable to fund the trust proactively; nonetheless, the Heggstad petition offers a remedial path when oversights occur and helps align asset ownership with the established trust plan.
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