A Heggstad petition can be an essential step when a trust beneficiary needs a court decree to confirm that property transferred to a trust by a deceased person was intended to become trust property. In Merced and throughout California, unexpected issues can arise after a death that make it difficult to access or transfer assets according to a trust arrangement. The Law Offices of Robert P. Bergman assist families in navigating the legal path to establish that transfer and to secure clear title for real estate or other assets. Understanding the basics of this petition can help you move forward with confidence during a stressful time.
This page explains what a Heggstad petition is, when it may be useful, and what to expect from the process in Merced County. A Heggstad petition asks the probate court to declare that specific assets were intended to be trust property even if they were not formally transferred into the trust before the settlor passed away. The petition often involves documentation, testimony, and clear legal argument to show the settlor’s intent. Learning the steps, timelines, and potential outcomes can help you decide whether this remedy matches your family’s needs and goals.
A Heggstad petition serves an important role when assets intended for a trust were left in the decedent’s personal name or otherwise not transferred properly. Filing a petition can prevent unnecessary probate, protect beneficiaries’ interests, and clarify title for real estate or financial accounts. The process can preserve the settlor’s estate plan goals by demonstrating intent rather than forcing full probate administration. For families in Merced, moving forward with a Heggstad petition can reduce delays in distributing assets, minimize legal uncertainty, and help avoid disputes that could otherwise delay the settlement of the estate.
The Law Offices of Robert P. Bergman serve clients across San Jose and surrounding California counties, offering practical guidance in trust administration and related court filings. Our team focuses on clear communication, thorough documentation, and steady representation through the Heggstad petition process. We help clients gather evidence such as deeds, transfer documents, account statements, and witness statements to show the settlor’s intent. Our approach emphasizes keeping families informed about timing, probable costs, and likely outcomes, while aggressively seeking to resolve issues that might otherwise lead to longer, costlier court proceedings.
A Heggstad petition is a legal action asking the probate court to recognize that property belonged to a deceased person’s trust even when formal transfer into the trust did not occur. This petition relies on evidence that the settlor intended for the asset to be part of the trust, such as prior statements, draft deeds, trust provisions, or contemporaneous transfers. In Merced County, courts follow California precedent when considering such petitions, and success depends on careful assembly of facts showing intent. Knowing what documentation and testimony will be persuasive helps families decide whether to pursue this remedy.
When evaluating a potential Heggstad petition, consider the type of property involved, how it was held at the decedent’s death, and whether there are competing claims or ambiguities. Real estate left in the decedent’s name often prompts a petition because formal deed transfer into a trust is sometimes overlooked. Financial institutions, insurers, and title companies may require court orders to accept trust ownership. A clear picture of the asset history, communications about the trust, and any attempted transfers will form the backbone of a persuasive court filing designed to align legal title with the settlor’s documented intentions.
At its core, a Heggstad petition asks the court to declare that a specific asset was intended to be held in trust and to issue an order confirming the trust as owner. This can cover real property, bank accounts, retirement accounts, or other assets that were not formally retitled before death. Supporting evidence may include trust documents, correspondence, affidavits, or transfers indicating intent. The court examines whether the transfer was intended to accomplish the settlor’s trust plan rather than being an accidental omission. A successful petition results in legal recognition that the asset belongs to the trust for purposes of distribution and title.
Typical elements of a Heggstad petition include preparing a verified petition, gathering supporting documents such as deeds and bank records, obtaining declarations from witnesses or trustees, and filing the petition with the probate court in Merced County. The process often includes a hearing where a judge reviews the evidence and any objections from interested parties. Court orders may include declarations of trust ownership and instructions for recording deeds or adjusting account registrations. Attention to procedural details and timely service to interested parties is essential to avoid delays and to present a convincing case for the court.
Understanding common terms used in trust and probate proceedings can help you follow a Heggstad petition. Definitions clarify roles such as settlor, trustee, beneficiary, as well as legal concepts like probate, title, and constructive trust. Familiarity with these terms prepares you for discussions with counsel and for reviewing court filings. This section highlights terms you are likely to encounter while pursuing a Heggstad petition in Merced and explains how each term relates to proving that an asset should be treated as part of a trust rather than subject to full probate administration.
A settlor is the person who creates the trust and transfers assets into it or intends them to be included. In Heggstad petition matters, demonstrating the settlor’s intent that specific property become part of the trust is central. Evidence of intent may include signed trust documents, draft deeds, correspondence, or testimony from individuals who discussed the trust with the settlor. The settlor’s planning documents and actions before death form the factual basis for the court’s determination that an asset was meant to belong to the trust for management and distribution under its terms.
A beneficiary is a person or entity entitled to receive trust distributions or benefits under the trust terms. Beneficiaries often bring or support Heggstad petitions when they need the court to declare that certain assets are trust property so distributions can proceed. Beneficiaries may provide statements about conversations with the settlor, evidence of promises or intended transfers, and documentation of the settlor’s estate plan. The beneficiary’s interest in timely and accurate distribution of assets is a key driver behind seeking a court’s confirmation through a Heggstad petition.
A trustee is the person or institution responsible for managing trust assets and carrying out the settlor’s instructions. When a Heggstad petition is necessary, the trustee may file the petition or support it by providing records and declarations showing attempts to transfer property into the trust. Trustees must act in accordance with the trust document and applicable law when addressing title issues and ensuring that assets are properly administered. The trustee’s role often includes coordinating with title companies and financial institutions to correct ownership once the court has issued an appropriate order.
A constructive trust or court declaration can be the remedy sought in a Heggstad petition, asking the court to treat property as belonging to the trust despite a failure to complete formal transfer. The court may issue an order declaring trust ownership or imposing a constructive trust to reflect the settlor’s intent. Such remedies aim to prevent unjust results and align legal title with the estate plan. Courts typically require persuasive factual evidence that the settlor intended the property for the trust and that recognizing the trust aligns with equitable considerations.
When property intended for a trust is not properly transferred, families may consider a Heggstad petition, a full probate proceeding, or other corrective filings. Probate typically involves court-supervised distribution and may be more time-consuming and public. A Heggstad petition, if successful, can avoid full probate by proving the settlor’s intent and transferring title into the trust. In some situations, a petition to reform a deed or an action for declaratory relief may be appropriate. Evaluating the likelihood of success, the costs involved, and the presence of competing claims helps determine the best path forward for each family.
A limited filing like a Heggstad petition can be appropriate when evidence clearly shows the settlor intended specific property to be trust property but formal transfer was overlooked. This may include a deed prepared before death, statements to family or advisors, or trust language that references the asset. In such cases, pursuing a focused court determination can be faster and less costly than full probate, and it aligns the legal title with the settlor’s plan without reopening broader estate administration matters that are otherwise unnecessary.
If there are minimal creditor issues and no significant competing claims from heirs or other parties, a targeted court action may resolve the ownership question efficiently. When interested persons agree or lack strong objections, the court is often able to make a clear declaration based on documentary evidence and declarations. A limited approach makes sense for families seeking to confirm trust ownership quickly to transfer title or access financial accounts, while avoiding the time and publicity associated with a full probate estate.
Comprehensive legal service may be necessary when there are disputes about whether the asset was intended for the trust, competing claims from beneficiaries or creditors, or complex title issues. In those circumstances, broader representation can include filing additional pleadings, conducting discovery, and preparing for contested hearings. Thorough legal support helps ensure all procedural requirements are met, evidence is developed effectively, and potential settlement options are considered. When the factual record requires development or opposition is strong, a more extensive legal approach may be the most reliable path to resolution.
When multiple assets are involved or there are other estate matters such as tax considerations, beneficiary disputes, or guardianship issues, a broader legal strategy can coordinate filings and protect overall estate planning goals. Handling several related issues together can reduce the risk of inconsistent rulings and provide a clearer resolution for families. Comprehensive service may include negotiating with title companies, coordinating with financial institutions, and preparing documents to reflect the court’s ruling across multiple assets, ensuring the settlor’s plan is implemented consistently.
A comprehensive approach to resolving trust transfer issues seeks to minimize uncertainty and future disputes by addressing all related matters in a coordinated way. This can include confirming ownership through a Heggstad petition, preparing recorded documents, updating account registrations, and resolving potential creditor questions. Bringing all of these elements together reduces the chance of further litigation, speeds up final distribution to beneficiaries, and provides a documented trail for title companies and financial institutions to rely upon when they update records to reflect trust ownership.
Comprehensive handling also helps families by managing communications with beneficiaries, financial institutions, and title companies to prevent misunderstandings that might cause delay. When a court order is obtained and implementation steps are completed, beneficiaries can move forward with transfers and distributions with greater confidence. This approach can also identify and address tax or procedural concerns early, preventing costly corrections later. Overall, a coordinated strategy saves time and reduces stress for those administering the settlor’s estate plan.
One significant benefit of resolving ownership issues comprehensively is obtaining clear title that title companies and institutions will accept. Court orders confirming trust ownership and properly recorded documents eliminate ambiguity for real estate transfers and account transfers. When title is clear, beneficiaries can sell, refinance, or otherwise manage the property without additional litigation. This clarity reduces administrative friction and avoids future disputes about ownership, making it simpler for trustees and beneficiaries to carry out the settlor’s intentions efficiently and with legal certainty.
Addressing related issues together decreases the chance that unresolved problems will produce new disputes down the line. A comprehensive resolution can include documented releases, recorded deeds, and court orders that make the settlor’s plan apparent to third parties and any future claimant. This reduces the likelihood of additional court actions, which can be costly and time-consuming. By investing effort to close potential gaps now, the family benefits from a more durable outcome and greater predictability in how the estate will be handled going forward.
Collect deeds, trust instruments, bank and brokerage statements, correspondence with advisors, and any draft transfer documents as early as possible. These materials form the foundation of a persuasive Heggstad petition by showing the settlor’s intent to place assets into the trust. Begin conversations with financial institutions and title companies to understand their requirements and to identify any missing records. Early document collection saves time during the petition process and helps counsel build a focused case to present to the court for recognition of trust ownership.
After obtaining a court order, you will likely need to record documents or present the order to title companies and financial institutions to update ownership records. Engaging with these entities early helps determine the exact documentation needed to finalize title transfers or account retitling. Some institutions have specific forms or recording instructions that must be followed. Coordinating these follow-up steps ensures that the court’s decision is implemented smoothly and that beneficiaries can access or transfer the assets without additional obstacles.
Consider a Heggstad petition when property intended for a trust remains in the decedent’s personal name at death and you need a court order to transfer title or access accounts. This can be especially important for real estate, retirement accounts, or high-value assets where title issues prevent distribution according to the settlor’s plan. The petition is also appropriate when avoiding the delay and expense of full probate is a priority and convincing evidence of the settlor’s intent exists. Evaluating the strength of documentation and the presence of potential objections helps determine the feasibility of this approach.
You should also consider this remedy if you are a trustee or beneficiary who needs clear legal authority to act with respect to an asset, such as selling property or managing financial accounts. If title companies or account custodians refuse to recognize the trust without a court order, a Heggstad petition may be the practical way to resolve the issue. Understanding likely timelines, potential costs, and the need for witness declarations will help you decide whether to pursue a petition or consider alternate estate administration paths.
Typical circumstances prompting a petition include real estate left in the decedent’s name despite trust ownership intent, accounts that were not retitled before death, and situations where documents point to trust inclusion but record title does not. Other common examples are where a pour-over will references trust assets but no probate transfer is desirable, or when the settlor believed assets had been moved into the trust but transfers were not completed. Each scenario requires careful assessment of the documentation and potential objections from interested parties to determine the best legal path.
Real property is frequently at the center of Heggstad petitions when a deed was not prepared or recorded before the settlor’s death. In these cases, a Heggstad petition seeks a court declaration that the property belonged to the trust based on intent and supporting evidence. Courts examine documentation such as prior draft deeds, trust provisions naming the property, and communications indicating the settlor planned the property for the trust. When the court agrees, an order can be recorded to clear title and permit the trustee to manage or transfer the property in accordance with the trust terms.
Financial accounts that were meant to be held by the trust but remained in the decedent’s name can cause access problems and delay distributions. A Heggstad petition can request the court to declare those accounts trust property, enabling the trustee to obtain account access, transfer funds, or follow trust distribution instructions. Supporting records may include maintenance correspondence, trustee designations, and evidence of prior transfers. Once a court order is obtained, institutions will typically update their records so the trustee can administer the accounts for the beneficiaries.
When estate documents are inconsistent or transfers were started but left incomplete, a Heggstad petition can resolve ambiguity by presenting evidence of the settlor’s final intentions. Courts consider the totality of the documentation and declarations to determine whether the asset should be treated as trust property. This remedy helps families avoid protracted disputes by allowing the court to weigh the available evidence and issue a clear order that reflects the settlor’s plan, thereby bringing closure to the matter and permitting efficient administration of the estate.
The Law Offices of Robert P. Bergman provide representation for clients in Merced County who need assistance resolving trust title questions or filing a Heggstad petition. We work to gather the necessary evidence, draft clear court filings, and represent clients at hearings when needed. Our goal is to minimize delay and guide trustees and beneficiaries through the procedural steps required to secure court recognition of trust ownership. If you face obstacles with title companies, banks, or records, legal support can help you move toward a timely and enforceable resolution.
Choosing representation familiar with trust administration and local court procedures can make a meaningful difference in how smoothly a Heggstad petition proceeds. Our firm assists clients with document collection, drafting persuasive petitions, and guiding witness preparation so the case presents a clear narrative of the settlor’s intent. We emphasize practical solutions that reduce delay and avoid unnecessary expense, working closely with trustees and beneficiaries to ensure the court has a complete factual record on which to base a declaration of trust ownership.
We also coordinate the post-order steps needed to implement the court’s decision, such as recording deeds, communicating with banks and title companies, and updating account registrations. These implementation tasks are often where families encounter administrative hurdles, and careful follow-through ensures the court’s ruling produces the intended results. By handling both the petition and the execution of the court’s order, our approach seeks to deliver a comprehensive resolution that allows trustees and beneficiaries to focus on settlement rather than procedural details.
Clients benefit from clear counsel about likely timelines, necessary evidence, and potential points of contention. We help identify the most efficient path for addressing title problems and work to resolve disputes through negotiation where possible. If litigation is needed, we provide steady representation throughout the hearing process. Our communications are tailored to keep families informed, outline realistic expectations, and protect legal rights while moving diligently to finalize distribution and title correction matters related to a Heggstad petition.
Our process begins with a focused review of the trust, assets, and any supporting documents to assess whether a Heggstad petition is appropriate. We then gather relevant records, coordinate witness declarations, and prepare a verified petition that presents the clearest possible evidence of the settlor’s intent. We file the petition in the appropriate Merced County court and serve interested parties, responding to any objections and presenting the matter at hearing if required. After obtaining an order, we assist with recording and implementing the court’s directives to complete the transfer of title or account ownership.
Step one focuses on identifying the asset at issue and collecting all documents that bear on the settlor’s intent. This includes the trust instrument, deeds, account statements, beneficiary designations, correspondence with advisors, and any drafts of transfer documents. We review these materials to determine the strengths and gaps in the factual record and outline additional evidence needed from witnesses or institutions. This stage sets the foundation for a persuasive petition by clarifying how the asset relates to the trust and what proof the court will require.
We request and review trust instruments, prior deeds, financial records, and any paperwork showing attempted transfers. This documentary proof often provides the clearest basis for a petition. If documents are missing, we identify alternative sources such as correspondence or statements from advisors. The goal is to assemble a cohesive narrative that demonstrates the settlor’s intent and supports the legal claim that the property should be treated as trust-owned. Early document gathering reduces surprises later in the process.
Witness declarations from family members, advisors, or others who discussed the trust with the settlor can corroborate documentary evidence. We work with prospective witnesses to prepare clear, admissible statements that outline relevant conversations and observations. These declarations help contextualize the documents and provide the judge with factual support for finding that the settlor intended the asset to be part of the trust. Properly prepared declarations strengthen the petition and reduce the risk of contested hearings.
Once the petition is drafted and supporting materials are assembled, we file the petition with the Merced County probate court and serve all required interested parties. This step ensures due process and gives potential objectors an opportunity to respond. We follow local filing rules and timelines to avoid procedural defects that could delay resolution. After filing, we monitor for any objections or requests for additional information and prepare replies or supplemental evidence as necessary to move the matter to a hearing or an uncontested order.
The verified petition sets out the factual and legal basis for treating the asset as trust property and attaches supporting exhibits such as deeds, trust pages, and financial statements. We ensure the petition is clear, well-organized, and persuasive, providing the court a straightforward path to issue an order. Exhibits are prepared and labeled to make the judge’s review efficient and to reduce the chance of questions that could require additional filings. A thorough petition improves the prospects for a timely ruling.
Proper service on beneficiaries, heirs, and other interested parties is necessary to protect the court’s jurisdiction and the validity of any order issued. We coordinate service and handle any responses or objections that arise, engaging in negotiation where appropriate to resolve disputes without contested hearings. When objections proceed, we develop a litigation plan to address the opposing arguments and to present a complete evidentiary record at the hearing, always keeping clients apprised of options and likely outcomes.
At hearing, the court reviews the petition, exhibits, and declarations and evaluates whether the evidence supports a declaration that the asset belonged to the trust. If the court grants the petition, it issues an order that can be recorded or presented to institutions to update title or account ownership. After the order, we assist with implementation steps, including preparing and recording any required deeds, communicating with banks or title companies, and ensuring the trustee can manage or distribute the asset per the trust’s terms.
When a hearing is necessary, we present the factual record to the judge, introduce declarations and exhibits, and respond to any objections. Our aim is to provide a clear narrative showing how the settlor intended the asset to be part of the trust, enabling the court to make a straightforward ruling. If the court issues an order, the language is tailored to facilitate subsequent recording or institutional changes so the trustee can exercise authority over the property without further litigation or administrative problems.
After the court issues an order, practical steps are often necessary to put the result into effect. We help prepare documents for recording, coordinate with title companies and banks, and ensure account registrations are updated to reflect trust ownership. These implementation tasks complete the legal process and allow beneficiaries to move forward with transfers, sales, or distributions. Effective follow-through prevents administrative delays and helps all parties rely on the court’s decision when updating records and managing assets.
A Heggstad petition is a court filing asking the probate court to declare that specific property belonged to a trust even though formal transfer into the trust did not occur before the settlor’s death. The petition relies on evidence demonstrating that the settlor intended the asset to be part of the trust, such as trust provisions, draft deeds, correspondence, or witness declarations. The remedy recognizes intent and aligns legal title with the settlor’s plan, enabling trustees and beneficiaries to manage or distribute the asset under trust terms rather than through full probate. Pursuing a Heggstad petition can be appropriate when the asset’s record title does not reflect the settlor’s plan and when avoiding the time and expense of full probate is desirable. The petition process typically involves preparing a verified petition, attaching documentary evidence, serving interested parties, and presenting declarations or testimony at a hearing if needed. Success depends on the strength of the evidence, the presence of objections, and the court’s assessment of the settlor’s intent based on the record presented.
The timeline for a Heggstad petition in Merced County varies depending on court schedules, the need for additional evidence, and whether objections are filed. A straightforward, uncontested petition with clear documents and agreeable interested parties can move more quickly, sometimes resolving in a few months. Conversely, if the matter is contested or requires discovery, it can extend for many months. Local court processing times and the need to serve and wait for responses from interested parties also affect the overall schedule. Early preparation and timely service of documents help reduce delays, and working with counsel familiar with local rules can streamline filings and hearings. If objections arise, additional time will be needed for response and possibly for evidentiary hearings. Planning for a range of outcomes and maintaining open communication with the court and interested parties improves the likelihood of an efficient resolution and helps manage expectations about timing and next steps.
Supporting a Heggstad petition typically requires documentary evidence such as the trust instrument, deeds, account statements, draft documents showing intent to transfer, and correspondence reflecting the settlor’s plan. Witness declarations from family members, attorneys, or advisors who can attest to the settlor’s statements or actions are also valuable. The combination of documentary and testimonial evidence creates a persuasive record that the court can use to determine whether the asset was intended to be part of the trust. The more complete the factual record, the stronger the petition. If records are missing, alternative evidence like contemporaneous letters, emails, or testimony about the settlor’s conduct and statements can help. Preparing organized exhibits and clear declarations increases the chance the court will find in favor of treating the asset as trust property and will permit the trustee to act without further litigation.
Yes, a successful Heggstad petition can avoid the need for full probate for the specific asset at issue by establishing that it was intended to be trust property. Rather than opening a full probate estate for that asset, the court can issue an order declaring the asset belongs to the trust and instruct third parties to transfer title or recognize trust ownership. This targeted approach can save time and reduce administrative costs when compared to comprehensive probate administration for the same property. However, avoiding probate depends on the specifics of each case, including the clarity of evidence and whether creditors or other interested parties raise objections. A focused petition will address only the asset in question, so if there are broader estate matters or multiple assets with similar issues, additional filings or coordinated solutions may be necessary to resolve everything cleanly and in alignment with the settlor’s overall plan.
Typically, a trustee, beneficiary, or an interested person with standing can file a Heggstad petition to ask the court to declare that an asset belonged to the trust. Trustees often initiate these petitions because they need legal authority to manage or distribute property in accordance with the trust. Beneficiaries who are affected by title issues may also petition the court to confirm ownership so distributions can proceed. The court will consider whether the petitioner has appropriate standing and whether interested parties have been properly notified. Proper service and notice procedures are important to protect the validity of any order the court issues. All persons with potential interests must be given opportunity to respond, and failure to provide adequate notice can result in delays or require re-filing. Working with counsel helps ensure that the correct parties are identified and served under applicable probate rules.
Naming an asset in a trust document is strong evidence of intent but does not automatically guarantee a court will treat the asset as trust property if formal transfer was never completed. Courts look at the totality of the evidence, including whether the settlor took actions consistent with transferring the asset, communications about the transfer, and any documentation suggesting the settlor believed the transfer was complete. If the record supports the conclusion that the asset was meant for the trust, the court may grant the petition. When the record is incomplete or contradictory, additional proof such as witness declarations or contemporaneous documents may be necessary. The clarity and consistency of the evidence influence the court’s decision, so thorough preparation and a coherent presentation of intent are essential to persuade the judge to treat the named asset as trust property despite imperfect formalities.
Costs for a Heggstad petition vary depending on complexity, the amount of documentation required, and whether the matter is contested. Typical expenses include court filing fees, costs to obtain certified records or title reports, and legal fees for drafting the petition, preparing exhibits, and representing clients at hearings. An uncontested petition with clear documentation will generally be less expensive than a contested matter requiring depositions, discovery, or extended hearings. Planning for possible contingencies helps clients understand a likely range of costs. Discussing fee structures and anticipated expenses with counsel early in the process helps families budget and avoids surprises. In many cases, counsel can suggest efficient steps to reduce costs, such as gathering documents in advance and attempting negotiation with potential objectors before formal litigation occurs. Transparent communication about likely fees and alternatives supports informed decision-making throughout the process.
If someone objects to a Heggstad petition, the court will consider the objection and may schedule a hearing to resolve disputed factual or legal issues. Objectors might contest the settlor’s intent, claim competing ownership, or raise creditor concerns that require attention. When objections arise, additional evidence, witness testimony, and possible discovery may be necessary to resolve the dispute. The court evaluates the strength of each side’s evidence before deciding whether to grant the petition, deny it, or issue a limited order addressing only part of the requested relief. Early engagement with potential objectors often helps narrow issues and may lead to negotiated resolutions that avoid contested hearings. If agreement cannot be reached, preparing a complete evidentiary record and addressing procedural requirements will be essential for effective court presentation. Representation that focuses on clear legal argument and thorough factual support is important when objections are raised.
Yes, a properly issued court order can generally be presented to title companies, banks, and account custodians to update their records and recognize trust ownership. The order should be drafted and recorded when necessary so third parties have the official documentation they require to transfer title or change account registrations. Having clear, recorded documentation reduces the likelihood that institutions will resist implementation of the court’s decision and helps trustees carry out transactions in reliance on the court’s ruling. Working with counsel to tailor the order and to coordinate with institutions ahead of time can make implementation smoother. Different entities may have distinct procedures and forms for updating records, so legal assistance in preparing the necessary documents and communicating with those institutions reduces the risk of delays or additional administrative steps after the court acts.
After the court grants a Heggstad petition, practical follow-up steps are necessary to implement the ruling. This typically includes recording any required deeds, presenting the order to banks or custodians to retitle accounts, updating property records, and taking any further actions the order directs. Trustees should also inform beneficiaries of the outcome and proceed with distribution or management of the asset in accordance with the trust terms. Careful attention to these implementation steps ensures the court’s decision has the intended legal and administrative effect. Counsel can assist with drafting and recording documents, coordinating with title companies and financial institutions, and resolving any remaining administrative issues. Completing these tasks thoroughly prevents future disputes and enables trustees to handle the trust assets smoothly. Proper implementation after a successful petition protects beneficiaries’ interests and finalizes the transfer of property into the trust as intended by the settlor.
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