A Heggstad petition can be an effective tool when a decedent’s assets were intended to pass through a trust but were not properly transferred before death. At the Law Offices of Robert P. Bergman, we help Torrance families understand when a Heggstad petition is appropriate and what the process entails in Los Angeles County. A petition can compel the probate court to treat certain assets as trust property for distribution purposes, which may streamline administration and preserve the settlor’s intent. This overview explains what a Heggstad petition is, who can file, common outcomes, and how it interacts with other estate planning documents including revocable living trusts and pour-over wills.
Many people choose trusts to avoid probate and create a clear plan for asset distribution, but even carefully drafted plans sometimes leave assets out of the trust. When property remains titled in an individual’s name after death, heirs and trustees can face uncertainty. A Heggstad petition asks the probate court to recognize that omitted assets were meant to be in the trust, treating them as trust assets for distribution. This procedure can reduce delay and expense compared with full probate administration. This paragraph outlines typical scenarios that lead to Heggstad petitions and how the court evaluates evidence such as trust documents, beneficiary designations, and contemporaneous transfer efforts.
Pursuing a Heggstad petition can provide clarity and relief during estate administration by confirming that certain assets should be distributed according to a trust rather than under probate procedures. This approach helps align the distribution of property with the decedent’s documented intentions, and it can prevent unnecessary estate administration costs and delays when successful. The petition process focuses on evidence showing an intent to include assets in the trust, such as signed assignments, funding attempts, or contemporaneous instructions. For beneficiaries and trustees in Torrance, an approved petition often means more predictable outcomes and a more streamlined path to distributing assets in line with the settlor’s plan.
The Law Offices of Robert P. Bergman provides estate planning and trust administration services to residents of Torrance and surrounding communities. Our team focuses on clear communication, practical legal solutions, and careful attention to the documents that determine how assets pass at death. We assist clients with drafting revocable living trusts, pour-over wills, powers of attorney, and related documents such as certification of trust and pour-over wills. When trust funding issues arise, we guide trustees and family members through petitions and court filings designed to honor the decedent’s intentions while keeping disruption and cost to a minimum.
A Heggstad petition is a legal filing used when property that should have been placed in a trust was not properly titled before the settlor’s passing. It asks the probate court to treat those assets as trust property for distribution. Success typically depends on proving intent to fund the trust through documents, actions taken before death, or other clear evidence pointing to the settlor’s plan. The process can be contested by heirs who argue the asset belongs to the estate instead, which may require the court to weigh competing evidence and make determinations about the settlor’s intent and any transfer attempts made prior to death.
Filing a Heggstad petition often involves a careful review of the trust, related estate planning documents, and records of asset transfers or attempted transfers. The court examines assignments of property, beneficiary designations, deeds, account statements, and any correspondence that indicates a desire to place property into the trust. Where possible, trustees and families should gather contemporaneous evidence showing the settlor acted to fund the trust. The petition process may resolve funding gaps without a full probate case, but contested matters can still require hearings and court rulings before distribution can proceed in accordance with the trust.
A Heggstad petition asks the probate court to treat certain assets as trust property so they can be distributed under the trust terms rather than through probate. The petition relies on demonstrating that the assets were intended to be trust assets but were not formally retitled. Courts consider contemporaneous documents, instructions to advisors, deeds, account notes, beneficiary designations, and any partial funding steps taken by the settlor. When granted, the petition allows trustees to include the identified assets in the trust inventory and distribute them under trust provisions, which can better preserve the settlor’s plan and reduce the administrative burden on surviving family members.
When evaluating a Heggstad petition, the court looks for persuasive documentation and actions that indicate the settlor intended the assets to be trust property. Examples include signed assignments transferring assets to the trust, deeds showing a transfer intent, beneficiary forms naming the trust, or communications with financial institutions about funding. The court will also consider the trust document itself and any contemporaneous steps taken to place property in the trust. The process typically begins with the petition filing by a trustee or interested party, followed by notice to heirs, potential objections, evidentiary submissions, and a court determination about whether the assets should be treated as part of the trust.
Understanding common terms helps people navigate trust funding disputes and petitions. Terms like settlor, trustee, probate, trust funding, assignment, and pour-over will appear frequently in filings and court discussions. Clear definitions and practical examples can clarify what evidence matters to the court and how a petition might impact distribution. This glossary provides concise definitions and context to help trustees and beneficiaries prepare documentation and understand likely next steps when assets remain outside the trust after death.
Settlor refers to the person who created the trust and transferred property into it during their lifetime. The settlor’s intent is central to any Heggstad petition, because courts seek to honor the settlor’s plan by determining whether omitted assets were meant to be included in the trust. Evidence of the settlor’s actions and instructions, such as signed assignments or contemporaneous communications, plays a significant role in proving that intent. Understanding the settlor’s documented wishes helps trustees and heirs determine the appropriate route for resolving funding oversights in a calm and efficient manner.
Trust funding describes the process of retitling assets into the name of the trust so they are governed by its terms at the settlor’s death. Proper funding may involve changing deeds, designating the trust as beneficiary on accounts, or assigning assets formally to the trust. When funding is incomplete, certain assets may remain subject to probate or dispute. A Heggstad petition seeks to remedy that situation by asking the court to recognize assets as part of the trust when evidence indicates that the settlor intended them to be included but did not complete the formal steps.
A trustee is the individual or entity tasked with administering the trust according to its terms and distributing assets to beneficiaries. The trustee often files a Heggstad petition to clarify whether specific assets should be treated as trust property and therefore distributed under the trust. Trustees must act in accordance with fiduciary duties, gather necessary documentation, and coordinate with beneficiaries and legal counsel to present a clear case to the court. The trustee’s role is to carry out the trust provisions faithfully while addressing any funding gaps that could delay distribution.
A pour-over will complements a revocable living trust by directing any assets not transferred into the trust during the settlor’s life to be placed in the trust upon death. While a pour-over will can help catch assets that were overlooked, it usually still requires some probate administration to transfer those assets into the trust. A Heggstad petition can be a strategic way to avoid full probate for certain omitted assets by showing they were intended to be trust property, reducing administration time and expense compared with handling those assets entirely through the probate process.
When assets are not properly titled in a trust, families may consider several options including informal transfer agreements, probate administration, or seeking a court order through a Heggstad petition. Probate can involve formal court supervision, inventories, and fees, while a successful Heggstad petition can allow certain assets to be treated as trust property and distributed under trust terms. The best path depends on factors such as the value of omitted assets, the strength of documentation showing intent to fund the trust, and whether heirs contest the matter. An assessment of these factors helps determine the most efficient and appropriate legal route.
A limited filing may be adequate when omitted assets are relatively modest in value and the settlor’s intent is well documented. For instance, if the settlor prepared signed assignments or left clear written instructions that were followed in part, a Heggstad petition can often resolve the matter without full probate. When the evidence is straightforward and heirs do not object, the court can confirm that the assets belong to the trust and allow distribution under the trust terms. This approach saves time and reduces administrative overhead for families seeking a pragmatic resolution.
When beneficiaries and the trustee agree about how omitted assets should be handled, a limited petition or stipulated order can be an effective path forward. Agreement among involved parties can avoid lengthy litigation and enable the court to enter an order recognizing assets as trust property based on the parties’ consensus and supporting documents. Such cooperative resolutions minimize expense and delay, allowing trustees to proceed with distribution. Even where a full Heggstad hearing is not needed, the court still requires sufficient documentation demonstrating the settlor’s intent and the factual basis for the agreement.
A comprehensive legal approach becomes necessary when heirs contest the trust or when assets are complex, such as business interests, jointly owned property, or accounts with ambiguous beneficiary designations. Disputes may require formal discovery, multiple hearings, and thorough evidentiary presentations to demonstrate that assets were intended for the trust. In these situations, trustees and beneficiaries benefit from a full procedural strategy that includes document preservation, deposition preparation, and court advocacy. The goal is to present a coherent factual record supporting the settlor’s intent and to protect clients’ interests throughout the litigation process.
When omitted assets represent substantial value or when the allocation of those assets will significantly alter distributions, a more in-depth legal response is appropriate. Complex tax considerations, retirement accounts, or assets tied to business operations can require additional legal and financial analysis to determine the best approach. At that point, a comprehensive plan addressing litigation strategy, settlement options, and coordination with accountants or fiduciaries helps manage legal exposure and preserves more favorable outcomes for beneficiaries and trustees while keeping the court process organized and focused.
A comprehensive approach to Heggstad petitions and related disputes combines detailed documentation review, strategic filings, and careful negotiation to pursue outcomes that align with the settlor’s intentions while protecting client interests. This approach reduces the risk of overlooked issues emerging later and supports evidence-based presentations to the court. By coordinating with financial institutions, obtaining forensic account histories where needed, and preparing clear assignments or affidavits, trustees can present a persuasive record that supports treating assets as trust property and promotes timely distribution consistent with the trust.
Thorough preparation also helps identify alternatives to full litigation, such as negotiated stipulations, mediator-assisted resolutions, or narrowly focused hearings that limit time and cost exposure. When matters proceed in court, a detailed approach helps streamline hearings and reduces the likelihood of surprise objections. Properly documenting funding attempts and contemporaneous intent can shorten courtroom time and lead to clearer, more enforceable orders, ultimately easing administration burdens for trustees and ensuring beneficiaries receive distributions according to the settlor’s plan.
Comprehensive handling of Heggstad matters helps protect both trustees and beneficiaries by ensuring the record clearly supports trust administration decisions. Trustees faced with contested claims can use well-prepared filings and supporting evidence to demonstrate that identified assets should be treated as trust property. This reduces the potential for later challenges and promotes finality in distributions. Beneficiaries benefit from clearer timelines for receiving assets and from legal measures that limit unnecessary delay and expense, creating a more orderly process for carrying out the settlor’s wishes.
A thorough approach that anticipates likely objections and documents intent can shorten the overall timeline for resolving funding disputes and reduce cumulative administrative expenses. By collecting pertinent records early, coordinating with financial institutions, and preparing clear legal arguments, trustees can avoid protracted discovery battles and repeated court appearances. Achieving an early, well-supported court ruling or settlement often decreases costs and allows distribution to proceed more quickly, which is beneficial for beneficiaries who rely on timely access to inherited assets for financial planning and stability.
Collecting documentation promptly is essential to a successful Heggstad petition. Begin by locating the trust document, any signed assignments, deeds, beneficiary designation forms, account statements, and written communications that reflect the settlor’s intent. Records from financial institutions, copies of emails or letters instructing transfers, and notes from meetings can all help establish a timeline of actions. Early organization of these materials not only strengthens the factual record but also allows trustees and family members to address gaps proactively and reduce the need for extended discovery or additional court appearances later in the process.
Many funding problems stem from account titling or beneficiary designation irregularities, so working with banks, brokerages, and title companies is critical. Institutions can often provide statements, account histories, or confirmations of attempted transfers that support a petition. Trustees should request documentation showing the account ownership history and any steps taken to retitle assets. Timely coordination can produce the documentary evidence courts rely on, reduce ambiguity about asset ownership, and smooth the path to a favorable court finding that omitted property should be treated as trust assets.
Consider a Heggstad petition when assets intended for a trust were not retitled before the settlor’s death and you need a court determination to treat those assets as trust property. This option is particularly useful when the settlor left clear evidence of intent or when the assets are not likely to require full probate oversight. A petition can avoid the broader probate process for specific items, restoring distributions under the trust’s terms and reducing administrative complexity and cost compared with probating those same assets through a formal estate administration.
You may also consider this service when beneficiaries seek predictability and speed in distributions, when avoiding public probate proceedings is a priority, or when partial funding errors would otherwise create uneven treatment among heirs. If documentation exists showing the settlor instructed transfers or attempted retitling, a petition helps convert those facts into a judicial order recognizing the assets as trust property. The process aims to honor the settlor’s plan while providing a sensible legal route for trustees and beneficiaries to carry out distributions efficiently.
Common circumstances include recently created trusts where not all assets were retitled, newly acquired property that was not transferred into the trust, retirement account beneficiary designations that do not name the trust, jointly held assets with unclear survivorship language, and circumstances where the settlor attempted but did not complete formal assignments. These scenarios often produce questions about whether assets should be governed by the trust or by probate, and a Heggstad petition provides a targeted way to ask the court to recognize the intended trust ownership and allow distribution under the trust terms.
Real property intended for the trust but still titled in the decedent’s name is a frequent reason for a Heggstad petition. A deed may have been prepared but not recorded, or the settlor may have discussed transferring the property but never completed the transfer paperwork. By presenting deeds, drafts, escrow communications, or other evidence, trustees can show the court that the property was meant to be trust-owned and seek an order treating it as such so it can be distributed according to the trust terms rather than through formal probate.
Accounts that were intended to be owned by the trust but remain in the settlor’s name are another common issue. Sometimes beneficiary designations name individuals rather than the trust, or accounts lack updated paperwork to reflect trust ownership. Statements, transfer requests, and institutional correspondence can demonstrate an intent to fund the trust. Presenting such evidence in a petition helps the court determine whether those accounts should be treated as trust property and distributed accordingly, avoiding the need for separate probate proceedings for those assets.
Occasionally the settlor prepared assignments or other documents indicating a desire to transfer assets but never completed the final steps. Draft assignments, signed but unrecorded documents, or communications with advisors about retitling can provide a strong basis for a Heggstad petition. Courts evaluate the totality of the evidence, including the settlor’s actions and written statements, to determine whether the asset should be considered trust property. Presenting comprehensive documentation increases the likelihood of obtaining a court order that aligns distributions with the settlor’s intent.
For Torrance residents and Los Angeles County families facing trust funding issues, the Law Offices of Robert P. Bergman offers guidance on whether a Heggstad petition is a practical option. We assist with evidence collection, preparing petitions, serving notice to interested parties, and negotiating resolutions when appropriate. Our goal is to clarify ownership issues, limit unnecessary court time, and help trustees and beneficiaries proceed with distribution according to the trust when the court agrees the assets were intended to be included. We also coordinate with trustees, financial institutions, and heirs to support orderly administration.
Our practice focuses on estate planning and trust administration, providing practical guidance for families dealing with omitted assets and funding gaps. We help gather the records courts expect to see and prepare persuasive filings that explain the settlor’s intent. Our approach balances courtroom preparation with efforts to resolve matters through agreement where possible, which can reduce cost and delay. For trustees, beneficiaries, and family members, we aim to provide clear guidance on the legal options and likely outcomes so clients can make informed decisions during a sensitive period.
We assist clients in compiling assignments, deeds, beneficiary forms, and related correspondence that support a Heggstad petition. Where disputes arise, we prepare for hearings and present the factual record in a structured way that the court can evaluate efficiently. Our team coordinates with financial institutions and title companies to obtain account histories and transfer evidence that strengthen the case. The overall goal is to pursue an outcome that honors the settlor’s intent while minimizing cost and delay for those charged with administering the estate.
In addition to Heggstad petitions, we help clients with complementary estate planning documents such as revocable living trusts, pour-over wills, financial powers of attorney, advance health care directives, and guardianship nominations. By reviewing the entire planning picture, we can recommend steps to reduce future funding gaps and ensure that assets are properly titled and beneficiary designations align with the trust. This proactive perspective helps families avoid disputes and ensures more consistent outcomes in future administrations.
Our process begins with an initial assessment of the trust documents and the specific assets in question, followed by a targeted evidence-gathering phase to collect deeds, account records, assignments, beneficiary forms, and related communications. We prepare and file the petition with the probate court, ensure proper notice to interested parties, and respond to any objections through negotiation or court hearings. Throughout, we keep clients informed of timing and options, and we coordinate with trustees and financial institutions to secure the documentation the court will evaluate, aiming for a resolution that honors the settlor’s plan while minimizing disruption.
The first step involves reviewing the trust, will, and any related documents to understand the settlor’s plan and identify the assets that may have been omitted. We then request records from banks, title companies, and advisors and compile deeds, account statements, assignment drafts, and beneficiary forms that reflect transfer attempts or intent. This preparation is essential to building a persuasive petition and anticipating potential objections. A careful review at the outset reduces surprises later in the process and helps prioritize the most influential evidence for the court.
We gather the trust document, any amendments, copies of wills or pour-over wills, and related planning papers. Gathering drafts of assignments, escrow instructions, and correspondence with financial institutions provides context for the transfer timeline. We also request account histories and title records to document ownership changes or attempts to retitle assets. By compiling a chronological and well-documented factual record, we position the petition to demonstrate the settlor’s intent and the actions taken to fund the trust prior to death.
Affidavits and declarations from trustees, witnesses, or advisors can clarify the settlor’s intent and provide firsthand accounts of steps taken to fund the trust. We assist in drafting these statements to ensure they address the court’s likely inquiries and present a coherent narrative. Well-prepared declarations can be persuasive evidence in a Heggstad petition, reducing the need for extensive discovery and helping the court make a prompt determination about whether specific assets should be treated as trust property for distribution.
After preparing the petition and supporting documentation, we file with the probate court and ensure that all required parties receive notice. Proper notice is essential to a valid proceeding, allowing heirs and other interested individuals to object or participate. We handle the technical requirements of filing, serve the necessary papers, and monitor deadlines. When objections are raised, we engage in negotiations or prepare responses and declarations to address disputes. Clear procedural compliance and timely communication reduce the risk of delays in the court process.
If heirs object, we analyze the basis for their claims and seek to narrow contentious issues through negotiation or settlement where possible. We prepare responses supported by documentary evidence and, when appropriate, offer mediated solutions that limit court time and expense. If settlement is not possible, we prepare for hearings by refining testimony and exhibits to address specific objections, focusing on a clear presentation of the settlor’s intent and the factual record supporting trust ownership of the disputed assets.
When court hearings are required, we organize exhibits, witness statements, and declarations to present a concise and persuasive case. Our preparation emphasizes chronological documentation, clear explanation of actions taken to fund the trust, and responses to likely challenges from objecting parties. Effective hearing preparation helps the judge evaluate the factual record efficiently and can increase the chance of a favorable order recognizing assets as trust property and authorizing distribution under the trust’s terms.
Following hearings or negotiated orders, the court may rule that certain assets are trust property, enabling the trustee to distribute them per the trust terms. We assist with implementing court orders, ensuring deeds and account title changes are completed when required and coordinating with institutions to move assets into the trust’s administration. If the court denies the petition for particular items, we work with the trustee to identify next steps, which may include limited probate administration for those assets. Our focus is on implementing the court’s directives efficiently and transparently.
Once the court issues an order recognizing assets as trust property, we help carry out any necessary title changes, record deeds, and submit required documents to financial institutions. Proper implementation ensures that assets are reflected correctly under trust ownership and that distributions proceed in accordance with trust provisions. We also provide guidance on any tax reporting or administrative steps trustees should complete to finalize the transfer and conclude that portion of the administration while maintaining clear records for beneficiaries and for future reference.
After assets are recognized and transferred or distributed, we assist trustees with final accounting and documentation that confirm completion of the tasks ordered by the court. Clear records help prevent future disputes and provide transparency to beneficiaries. If part of the estate requires probate, we coordinate those filings to minimize overlap and expense. Our goal is to bring closure to the administration by ensuring all court orders have been implemented and that beneficiaries receive distributions in a manner consistent with the settlor’s plan and court determinations.
A Heggstad petition is a probate court filing that asks the court to treat certain assets as trust property when they were intended to be included in a trust but were not properly retitled before the settlor’s death. The petition seeks an order recognizing the assets as part of the trust so they can be distributed according to the trust’s terms rather than through general probate administration. It is commonly used for assets like real property, bank accounts, and investment accounts that remain in the decedent’s name despite evidence of intent to include them in the trust. The petition process focuses on presenting evidence of the settlor’s intent, including drafts, assignments, deeds, beneficiary forms, and communications with financial institutions or advisors. If heirs or other interested parties object, the matter may proceed to a hearing where the court evaluates the totality of the evidence. A favorable ruling can simplify administration by allowing the trustee to distribute the assets through the trust structure, but outcomes depend on the strength of documentary and testimonial proof.
Typically a trustee or another interested party such as a beneficiary may file a Heggstad petition in the probate court where the decedent resided. The filing party must present a factual basis showing the settlor intended the asset to be trust property, and must give appropriate notice to heirs and other interested persons. Proper notice and procedural compliance are essential to a valid proceeding, and the court will allow parties the opportunity to object and present competing evidence. In Los Angeles County, courts follow state law and local rules that govern probate filings, so careful attention to filing requirements and deadlines is important. When objections arise, the filing party should be prepared to respond with documentation and witness statements to support the claim that the assets were intended to be within the trust. If the matter is contested, the court will evaluate evidence and may hold hearings before issuing a ruling.
Courts consider a range of evidence when deciding a Heggstad petition, including signed assignments, drafts of transfer documents, deeds, bank or brokerage communications, beneficiary designation forms, and any written or recorded instructions showing the settlor’s intent to fund the trust. Affidavits or declarations from witnesses, trustees, and advisors that recount contemporaneous actions or statements by the settlor can also be important. The strength and timing of these documents often determine how persuasive the petition will be to the court. The court assesses whether the available evidence demonstrates a clear intent to include the asset in the trust and whether steps were taken to effect the transfer. Partial efforts to retitle assets, communications with institutions, or consistent planning documents that align with trust provisions can support a finding in favor of treating the asset as trust property. Each case turns on its specific factual record and documentation.
Resolution times for Heggstad petitions vary depending on the complexity of the assets involved, whether heirs object, and the court’s schedule. If the petition is uncontested and the documentary record is strong, a matter can be resolved more quickly through a stipulated order or a streamlined hearing. When disputes arise, the process can take longer due to discovery, motions, and multiple hearings, potentially extending the timeline by months or longer. Early preparedness and clear documentation help shorten the process where possible. Court backlog and the need for additional evidence or expert reports can also affect timing. Trustees and beneficiaries should plan for variable timelines and work to gather records quickly to avoid avoidable delays. Regular communication with all parties and timely filings promote efficiency in resolving the petition.
A successful Heggstad petition can avoid full probate for particular assets by having the court treat them as trust property, but it does not automatically eliminate all probate matters for every item in an estate. Some assets may still require separate probate proceedings, especially if they were never intended for the trust or if the court declines to treat them as trust assets. The petition is a targeted remedy designed to address specific funding gaps, not a universal substitute for every probate requirement. Where some assets are recognized as trust property and others are not, administrators may need to pursue limited probate for the non-trust items. Coordinating outcomes and implementing court orders promptly helps minimize overlapping administration and reduces the risk of additional disputes over remaining estate assets.
Yes, beneficiaries and other interested parties may object to a Heggstad petition, and objections can lead to contested hearings. Objections typically challenge the sufficiency of evidence showing the settlor’s intent or dispute the factual basis for treating an asset as trust property. When objections are filed, the court will evaluate both sides’ evidence and may order additional discovery, declare evidentiary hearings, or encourage settlement discussions to resolve the dispute without prolonged litigation. When objections arise, trustees should be prepared to present documentation and witness statements supporting the petition while remaining open to negotiation where appropriate. Settlement can reduce cost and time, but when contested litigation is necessary, careful preparation of exhibits and coherent testimony are key to persuading the court about the settlor’s intent and the appropriate disposition of the assets.
Trustees should gather the trust document and any amendments, wills or pour-over wills, deeds, account statements, assignment drafts, beneficiary designation forms, escrow instructions, and copies of communications with financial institutions or advisors that relate to funding. Statements showing account ownership history, signed instructions, and records of transfer attempts provide a chronological understanding of the settlor’s actions. Affidavits or declarations from individuals who witnessed the settlor’s intent can be helpful as well. Organizing these materials in a clear timeline and preparing succinct summaries of key facts will make filings more persuasive and efficient. Early coordination with institutions to obtain records reduces delays and strengthens the factual record for the court to consider, increasing the chance of a favorable outcome if the evidence demonstrates the settlor’s intent to fund the trust.
Costs for pursuing a Heggstad petition vary by case complexity, the need for discovery or hearings, and whether parties reach a negotiated resolution. When matters are straightforward and uncontested, costs are lower because filings and hearings may be limited. Contested matters with extensive document collection, witness preparation, and multiple hearings naturally require greater resources and can increase total expenses. Trustees and beneficiaries should weigh the value of the assets at issue and the likelihood of success when considering this option. Attempting to resolve disputes through negotiation or mediation can reduce costs, but when litigation is necessary, careful planning and efficient presentation of evidence can limit time and expense. Discussing expected costs and procedural options early in the process helps clients make informed decisions about how to proceed and whether to pursue settlement or a court hearing.
Using a Heggstad petition for retirement accounts or life insurance can be more complicated due to beneficiary designations and regulatory rules governing those account types. Courts focus on the specific nature of the asset and whether evidence shows the settlor intended the trust to be the beneficiary or owner. For accounts with independent beneficiary designations that name individuals rather than the trust, the viability of a Heggstad petition depends on the factual record and the legal framework that governs those assets. When retirement accounts or life insurance are involved, coordination with account trustees, plan administrators, and sometimes tax advisors may be necessary to understand the consequences of any court decision. Trustees should obtain account histories, beneficiary forms, and communications showing any attempt to designate the trust, and prepare to address specific legal issues that arise with these asset types.
To prevent future funding problems, ensure that assets are properly retitled to the trust at the time the trust is created or as part of an ongoing funding plan. Update beneficiary designations to name the trust where appropriate, record deeds and retitle real property, and coordinate with banks and brokerages to confirm account ownership. Periodic reviews of the estate plan and account titles help reveal oversights before they become problems at the settlor’s death. Clear written instructions and a simple checklist for funding steps reduce the risk of omitted assets. Working with a qualified estate planning professional to review titles and beneficiary forms periodically helps maintain alignment between the settlor’s intentions and actual asset ownership, minimizing the need for court filings after death.
Criminal Defense
Homicide Defense
Manslaughter
Assault and Battery
Assault with a Deadly Weapon
Battery Causing Great Bodily Injury
Domestic Violence
Domestic Violence Protection Orders
Domestic Violence Restraining Order
Arson Defense
Weapons Charges
Illegal Firearm Possessions
Civil Harassment
Civil Harassment Restraining Orders
School Violence Restraining Orders
Violent Crimes Defense
Estate Planning Practice Areas