A Heggstad petition addresses a specific problem that arises when assets intended to be held in a trust remain titled in an individual’s name after the individual’s death. This situation can cause confusion, delay, and the potential need for probate if not handled correctly. Our Los Gatos office can explain how a Heggstad petition works under California law, when it may be appropriate, and what documentation and evidence are typically required. We discuss how the petition aims to have the court recognize that those assets should be treated as trust property, avoiding formal probate administration when possible.
Many clients find that assets were intended to be part of a trust but the paperwork or title changes were not completed before a death. A Heggstad petition provides a judicial process to establish that those assets were transferred to the trust in intent and substance, even if recorded title differs. Filing the petition involves assembling trust documents, supporting declarations, and other records showing intent to fund the trust. Understanding this procedure early can save time and expense, and may preserve the privacy and efficiency benefits associated with trust administration as opposed to full probate proceedings.
A Heggstad petition is important because it can prevent unnecessary probate, preserve privacy, and facilitate distribution of trust assets consistent with the decedent’s estate plan. When a court recognizes that property belongs to a trust despite record title, beneficiaries can avoid the delay and public nature of probate. The petition also helps clear title issues to allow sales, transfers, or title updates to proceed. For family members and fiduciaries, resolving these matters through a Heggstad petition can reduce administrative burdens and provide legal clarity that supports timely and orderly asset management and distribution.
At the Law Offices of Robert P. Bergman, we assist clients throughout Santa Clara County with trust and estate matters including petitions to recognize trust property. Our approach emphasizes clear communication, careful document review, and practical problem solving. We work with families, trustees, and fiduciaries to gather records such as trust instruments, asset transfer documents, and correspondence that support a Heggstad petition. We strive to explain options in plain language and to guide clients through court filings when necessary, aiming to minimize delay and expense while protecting clients’ interests and preserving the intent of the estate plan.
A Heggstad petition is a judicial request asking the probate court to declare that particular assets should be treated as trust property even though legal title remains in the decedent’s name. The petition typically requires evidence of the trust’s terms, demonstrable intent to fund the trust, and supporting documentation showing that the decedent intended the property to be governed by the trust. The court considers declarations from the trustee or other witnesses, copies of the trust instrument, and any transfer-related paperwork. Filing a petition can clear title issues so the trustee can administer trust assets without full probate administration.
The procedural steps for a Heggstad petition include preparing the petition and supporting declarations, identifying the assets at issue, serving interested parties, and presenting evidence that establishes a trust funding intent. The court will evaluate whether the facts and documentation meet the legal standard under California law for treating the contested assets as trust property. Depending on the complexity and opposition, a hearing may be scheduled. A favorable ruling allows the trustee to manage or transfer the assets consistent with the trust terms, which can streamline administration and reduce costs compared with full probate estate administration.
A Heggstad petition is named after a California case and serves to have the court recognize that certain property should be included in a trust despite formal title remaining with the decedent or another party. It is commonly used where the decedent prepared a trust and intended assets to be funded into it, but technical steps to transfer title were not completed. The petition asks the court to declare that, based on the evidence, the asset is a trust asset. This remedy focuses on intent and documentation rather than strict title formalities, allowing trust administration to proceed in line with the decedent’s plan.
A successful Heggstad petition usually requires a clear trust document, declarations from the trustee or individuals familiar with the decedent’s intent, records of attempted transfers or related communications, and evidence linking the asset to the trust plan. The process involves drafting the petition, compiling supporting evidence, serving interested parties, and appearing before the probate court. The court examines whether the documentary and testimonial evidence demonstrate the decedent’s intent to have the asset governed by the trust. The outcome may allow title changes or instructions to treat the asset as trust property without the formalities of probate administration.
Understanding the terminology helps trustees and family members navigate a Heggstad petition. Terms such as trust funding, trustee, grantor, declaration, and probate court are used throughout the process. Clear definitions aid in gathering appropriate evidence, drafting persuasive declarations, and anticipating likely court inquiries. Knowing the vocabulary also assists in communicating with financial institutions, title companies, and other parties who may request documentation before recognizing a transfer. Familiarity with these key terms enables more effective planning and more efficient resolution of disputed or incorrectly titled assets.
Trust funding refers to the steps taken to transfer ownership of assets into the name of a trust so that the trust can control those assets according to its terms. Funding can involve retitling real estate, transferring bank accounts, reassigning ownership of securities, or naming the trust as beneficiary where appropriate. Where funding is incomplete at the time of the grantor’s death, a petition such as a Heggstad petition may be used to establish the intended status of those assets for trust administration. Documentation of intent to fund is often critical to support such a petition.
A declaration of intent is a written statement, typically under penalty of perjury, in which a person familiar with the decedent’s affairs explains the facts demonstrating the decedent’s intention that certain property belong to the trust. Declarations may come from the trustee, attorneys, financial advisors, or family that can attest to discussions, draft documents, or actions showing intent to fund the trust. The court relies on these declarations, together with documentary evidence, to determine whether a Heggstad petition should be granted and the property treated as trust assets.
A probate court ruling on a Heggstad petition is a judicial determination that specific assets should be treated as if they were owned by the trust at the time of the decedent’s death. Such a ruling clarifies title and permits trustees to manage, sell, or distribute the assets according to the trust terms. The ruling is based on evidence presented to the court and may resolve disputes among heirs or interested parties. A favorable ruling often avoids the need for full probate, streamlining distribution and administration under the trust framework.
The trust instrument is the written agreement or declaration that creates the trust and sets forth its terms, including the identity of the grantor, trustee, beneficiaries, and the powers and duties of the trustee. For a Heggstad petition, the trust instrument is a central document because it demonstrates the grantor’s intent regarding asset management and distribution. The court will examine the trust instrument along with other evidence to determine whether contested assets should be recognized as part of the trust and administered accordingly.
When assets are improperly titled after a death, there are multiple potential routes: full probate administration, a Heggstad petition to recognize trust ownership, or informal procedures for certain financial institutions. Probate is a formal court process that administers the decedent’s estate, often taking more time and becoming public record. A Heggstad petition aims to avoid probate for specific assets by demonstrating intent to include them in a trust. Selecting the right path depends on asset types, the strength of supporting evidence, potential disputes among heirs, and the client’s goals for privacy, speed, and cost control.
A limited approach like a Heggstad petition may be appropriate when there is persuasive documentation showing the decedent intended the asset to be governed by the trust. Documents such as a clear trust instrument, contemporaneous correspondence indicating funding intent, and records of attempted title transfers can support a petition. When the evidence demonstrates the grantor’s plan and interested parties do not contest the facts, the court may accept the petition to declare the asset trust property, allowing the trustee to proceed without a full probate estate administration.
A Heggstad petition often succeeds when there are few interested parties and the likelihood of opposition is low. If beneficiaries and heirs acknowledge the trust arrangement and are cooperative, the court can resolve title issues efficiently. In such situations, the limited petition avoids the publicity and expense of probate, while enabling trustees to clear title and carry out trust administration. This streamlined path is typically preferable when relationships are settled and the relevant facts are well documented, reducing the need for prolonged litigation.
A comprehensive legal approach is needed when title issues involve multiple assets across jurisdictions, when financial institutions resist recognition of trust ownership, or when heirs contest the claim that assets were intended for the trust. Complex situations may require coordination of depositions, detailed financial records, and possibly contested court hearings. In these circumstances, a broader legal strategy helps assemble thorough evidence, manage litigation risk, and pursue remedies that resolve conflicting claims while protecting the trustee’s ability to administer assets in accordance with the decedent’s wishes.
Comprehensive representation is important when timing constraints, tax considerations, or complex property law questions arise. For example, a property sale or mortgage payoff may require clear title quickly, or tax implications might affect which remedy is best for the estate. Addressing these matters may involve coordination with tax advisors, title companies, and lenders, as well as preparing more extensive court filings. A carefully managed, broader legal approach can resolve practical obstacles that a narrow petition alone might not fully address.
A comprehensive approach to resolving trust funding and title issues can protect the interests of beneficiaries and trustees by reducing the risk of later challenges and unexpected complications. By collecting full documentary evidence, coordinating with financial institutions, and preparing persuasive court filings where necessary, the process enhances the likelihood of a favorable outcome. It also helps prevent delays in asset management, allows timely sales or transfers when needed, and supports accurate accounting. The added effort upfront often reduces the chance of costly disputes or additional legal work down the line.
Additionally, a thorough approach can preserve privacy by resolving issues under trust administration rather than through a full probate proceeding. It can provide clear instructions to title companies, banks, and other third parties, facilitating smooth asset transitions. When matters are handled proactively, trustees can focus on fiduciary duties and beneficiaries can receive distributions more predictably. The combination of careful documentation and thoughtful legal strategy commonly yields more efficient administration and greater peace of mind for all involved.
A comprehensive legal process that thoroughly documents the decedent’s intent and the steps taken to fund the trust significantly reduces the risk of future disputes. By building a clear administrative record and obtaining necessary court recognition when appropriate, trustees can limit opportunities for heirs to challenge asset distributions later. The added work in assembling evidence and addressing creditors or interested parties can prevent costly follow‑up litigation, preserve estate assets, and ensure distributions occur in accordance with the original plan and the trustee’s duties.
Taking a coordinated approach often leads to faster resolution when clearing title or transferring assets is necessary. Preparing solid documentation and working directly with title companies, banks, and other institutions reduces the back-and-forth that can cause delays. If a court order is needed, presenting a well-developed petition and supporting record increases the chances of an efficient hearing and order. Faster resolution helps trustees meet obligations, allows beneficiaries to access assets in a timely manner, and enables necessary transactions such as property sales to proceed without undue interruption.
Collecting all relevant documents at the outset improves the chances of resolving title issues without delay. Useful materials include the trust instrument, copies of drafts, communications indicating intent to fund the trust, account statements, deeds, purchase documents, and any beneficiary designation forms. Gathering this evidence early allows a trustee or attorney to evaluate the strength of a Heggstad petition and to prepare declarations that explain the circumstances. Early documentation also helps when communicating with banks, title companies, and other institutions that require proof before changing account ownership or recognizing trust claims.
Proactively contacting banks, title companies, or brokers to explain the situation and learn their document requirements can expedite resolution. These institutions often have internal procedures for dealing with assets that a trustee claims belong to a trust, and understanding their requirements ahead of time helps avoid delays. Providing them with court orders, a copy of the trust instrument, and trustee documentation may allow for account re‑registration or property transfer once a Heggstad petition is granted. Early coordination reduces obstacles to administration and supports timely asset management and distribution.
A Heggstad petition is worth considering when assets intended for a trust are still titled in an individual’s name and those title defects could lead to probate or limit the trustee’s ability to manage the property. If avoidance of probate, protection of privacy, and adherence to the decedent’s trust terms are priorities, a petition may provide a tailored judicial remedy. It can clarify ownership so transactions or distributions can proceed. Considering this remedy early helps preserve estate value and supports smoother administration compared with the burdensome process and public record of probate.
Another reason to pursue a petition is when time-sensitive transactions are at stake, such as a pending property sale or required mortgage payoff. Establishing trust ownership through a court determination can clear title obstacles and provide the legal authority the trustee needs to complete transactions. Additionally, when beneficiaries seek a private resolution rather than a public court probate, a Heggstad petition can align with those preferences. We assess each situation to determine whether a petition is the most effective and efficient route for preserving the decedent’s estate plan.
Typical circumstances prompting a Heggstad petition include real estate intended for a trust that remains in the decedent’s name, bank or brokerage accounts not retitled, retirement benefits or insurance policies with unclear beneficiary designations, and transfers that were attempted but not completed. Other triggers include changes in estate plans near the end of life, clerical errors during funding, or when title companies require a court order to clear ownership. Recognizing these situations early allows trustees to gather evidence and proceed with a petition before options narrow or disputes arise.
One of the most frequent scenarios is real estate that the decedent intended to place in the trust but that remains recorded in the individual’s name. Because title to real estate is widely public and often required for sales or financing, a Heggstad petition can be used to have the court declare the property belongs to the trust. This process allows the trustee to transfer title or complete a sale without pursuing a full probate administration, provided the evidence supports the grantor’s intent and interested parties are appropriately notified and given the opportunity to respond.
Bank, brokerage, or other financial accounts that were to be retitled to the trust but were not properly re-registered often require court action. Financial institutions may refuse transactions or transfers without clear authority, and a Heggstad petition can resolve such issues by obtaining a judicial determination that the accounts were intended to be trust property. Once the court recognizes the trust claim, institutions typically accept instructions from the trustee, facilitating distributions, transfers, or consolidation of accounts into the trust structure for administration and distribution.
Sometimes transfers were in progress when the grantor passed away, such as signed transfer documents not yet recorded or beneficiary designations not timely updated. In these circumstances, a Heggstad petition can present the evidence showing the decedent’s intent and the steps taken toward transfer. The court can then declare the asset should be treated as trust property, enabling trustees to continue administration according to the trust terms. This remedy helps avoid the expense and delay of probate when the facts clearly point to a trust funding intent.
If you face uncertain title or assets that were intended to be in a trust, our Los Gatos‑area practice can review your situation and help determine whether a Heggstad petition or another remedy is appropriate. We work with trustees, family members, and fiduciaries to assemble relevant documents, prepare filings, and communicate with financial institutions. Whether the issue involves real estate, bank accounts, or other titled assets, we focus on providing practical guidance to achieve timely resolution while honoring the decedent’s estate plan and reducing unnecessary cost and publicity associated with probate.
The Law Offices of Robert P. Bergman offers focused assistance for trust and probate matters across Santa Clara County, including Heggstad petitions. We emphasize careful review of trust instruments and supporting records, clear explanations of options, and proactive communication with trustees and beneficiaries. Our team assists in gathering the documentation necessary to support a petition and navigating court procedures. We aim to resolve title disputes efficiently while preserving the privacy and intent of the estate plan, helping trustees manage assets and move forward with administration.
We work collaboratively with clients and third parties such as title companies and banks to understand institution-specific requirements and to prepare the materials that support recognition of trust ownership. Where court filings are needed, we prepare thorough petitions and declarations that present a clear factual record for the judge. For clients facing real estate sales, account transfers, or creditor claims, our approach seeks to minimize delays so trustees can meet obligations and beneficiaries can receive distributions in accordance with the trust’s terms.
Clients relying on our support receive practical guidance through the entire process, from evidence gathering to post‑order follow through with institutions to clear title and implement transfers. We prioritize responsiveness and transparent cost estimates so clients can make informed decisions. By focusing on methodical preparation and effective communication, we help reduce the legal and administrative friction that arises when assets are not properly funded into trust prior to a grantor’s passing.
Our process begins with an initial review of the trust instrument and available documents to assess whether a Heggstad petition is warranted. We then identify the assets at issue, gather supporting records and declarations, and outline a plan for contacting interested parties and relevant institutions. If filing is necessary, we draft the petition and supporting materials, file with the probate court, and handle service and court communications. After a court ruling, we assist with implementing the order, clearing title, and coordinating with banks or title companies to effect transfers or sales as directed by the trust.
We start by collecting and reviewing the trust instrument, deeds, account statements, and any correspondence or drafts that evidence intent to fund the trust. This initial phase identifies which assets are affected and assesses the strength of the documentation supporting trust ownership. We discuss likely timelines and options with the trustee and beneficiaries, and recommend next steps such as preparing declarations or requesting records from financial institutions. The goal is to establish a clear factual record that can support a petition if filing becomes necessary.
Identifying all relevant documents and potential declarants is essential to building a persuasive record. We look for the trust instrument, drafts, communication with advisors, deeds, account change requests, and any evidence of attempted transfers. We also determine who can provide credible declarations regarding the decedent’s intent, such as trustees, family members, or financial advisors. Collecting these materials early allows us to craft declarations that connect the documentary evidence to the legal standard for a Heggstad petition.
We contact banks, title companies, and other holders of the assets to learn their internal requirements for recognizing trust ownership. Early outreach can reveal whether a court order will be required and what documentation institutions will accept. We also notify beneficiaries and heirs about the situation and the proposed approach. This step helps reduce surprises and enables cooperative resolution where possible, sometimes avoiding the need to file a petition if institutions accept the trust documentation and trustee declarations.
If a petition is necessary, we prepare a clear, well-organized filing that includes the petition itself, supporting declarations, copies of the trust instrument, and other relevant records. The submission explains the factual basis for treating the contested assets as trust property and identifies interested parties who must be notified. Preparing a thorough record increases the likelihood of an efficient court review and reduces the chance of contested proceedings. We aim to present the facts in a manner that addresses likely court inquiries and institutional concerns.
Drafting precise declarations that chronicle the decedent’s intent and the steps taken toward funding the trust is a key component of the petition. Declarations should tie the documentary evidence to the claimed intent, explaining why the asset belongs to the trust. We assist witnesses in preparing clear, admissible statements, assemble transactional records, and create a cohesive narrative for the court. Well-crafted declarations reduce ambiguity and provide judges with the context needed to rule in favor of trust recognition when warranted by the facts.
After preparing the petition and supporting materials, we file with the probate court and effect service on required parties. The filing process includes meeting procedural requirements and providing notice to interested persons so they can respond. We monitor scheduling and advise clients on expected timelines for hearings or tentative rulings. Effective handling of these procedural steps is important to maintain momentum and to present the court with a complete record that explains the reasons for treating the assets as trust property.
If a hearing is required, we present the factual record to the court and address any questions or challenges that arise. If the court issues an order recognizing the assets as trust property, we then assist with implementing that order by providing copies to title companies, banks, and other institutions. Implementation may include recording deeds in the name of the trustee, re-titling accounts, or coordinating sales. Post‑order follow through ensures institutions accept the court’s determination and that the trustee can administer the assets as required by the trust.
At hearing, we explain the factual background, present declarations and documents, and clarify any legal points for the judge. Our objective is to demonstrate a clear line from the trust instrument and related actions to the conclusion that the asset should be treated as trust property. We respond to any objections and provide legal authority and factual support for the requested relief. A well-prepared presentation often encourages a prompt ruling that aligns with the grantor’s documented intent.
After obtaining a court order, we help ensure it is accepted by third parties and enforce its terms as needed. This can involve providing certified copies to title companies, banks, or escrow agents and addressing any remaining institutional requirements. If a party resists compliance, we pursue appropriate follow-up to enforce the court’s decision. Ensuring the order is effectively implemented allows the trustee to complete transactions, make distributions, or manage assets under the trust, bringing the administration to a practical and legally sound conclusion.
A Heggstad petition is a court filing used in California probate courts to have specific assets recognized as trust property despite title remaining in the decedent’s name. The petition asks the court to declare that, based on the trust document and supporting evidence, the asset should be treated as part of the trust for purposes of administration and distribution. This remedy focuses on actual intent and documentary evidence rather than strict title formalities, and when granted it allows trustees to manage or transfer the asset under the trust’s terms rather than through a full probate estate administration. This process helps avoid probate for those specific assets by providing judicial recognition that the property belonged to the trust at the time of death. Avoiding probate for those assets can save time, cost, and public disclosure associated with formal probate administration. However, a Heggstad petition addresses only the assets at issue and requires sufficient evidence to persuade the court that the grantor intended the trust to own the property despite the recorded title.
Supporting a Heggstad petition generally requires a combination of the trust instrument, contemporaneous documents that show intent to fund the trust, records of attempted transfers, and declarations from persons familiar with the grantor’s intentions. Useful evidence can include drafts of the trust, deeds or transfer documents, account statements, emails or letters referencing the trust, and testimony from trustees, advisors, or family members who witnessed the decedent’s planning. The more consistent and contemporaneous the evidence, the stronger the petition is likely to be. Courts evaluate the totality of the evidence to determine whether the asset should be treated as trust property. Declarations that clearly explain the circumstances and link the documentary record to the claimed intent are especially helpful. Where institutional procedures or title anomalies exist, additional records such as escrow instructions or communications with banks and title companies may also be necessary to address questions about ownership and facilitate implementation after the order.
The timeline for a Heggstad petition in Santa Clara County can vary depending on the complexity of the facts, availability of supporting documentation, and whether any interested parties contest the petition. Simple matters with cooperative parties and clear records may proceed quickly and be resolved within a few months. More complex or contested matters that require additional discovery, multiple declarations, or extended hearings will take longer. Scheduling constraints in the probate court can also influence timing, so it is difficult to give a precise duration without reviewing the case specifics. Beginning the process early by gathering documents and contacting institutions can shorten the timeline. Promptly preparing declarations, identifying interested parties, and clarifying which assets are affected all contribute to a more efficient petition. Where a hearing is necessary, presenting a well-organized record increases the likelihood of a timely ruling, and our office works to anticipate and address likely issues to avoid unnecessary delay.
Many banks and title companies will accept a court order granting a Heggstad petition as sufficient evidence of trust ownership, but institutional policies vary. Some institutions require certified copies of the order, trustee identification, and additional paperwork to re-title accounts or transfer assets. Title companies may have underwriting requirements for real property transfers that necessitate further steps. Early coordination with these institutions to determine their requirements reduces implementation delays and helps ensure the court order is effective in practice. If an institution resists compliance, additional follow-up or legal steps may be necessary to enforce the court’s determination. Preparing the petition with knowledge of anticipated institutional requirements and including supporting documentation that aligns with those requirements often smooths acceptance. Our approach includes contacting relevant institutions early to learn their procedures and to present the court order and supporting documents in a way that meets their standards.
Beneficiaries and other interested parties can challenge a Heggstad petition, either by opposing the petition before the court issues an order or by seeking relief after an order is entered if they believe the order was improper. Courts provide notice to interested persons so they have an opportunity to respond. The outcome depends on the strength of the evidence and the legal arguments presented. Where factual disputes exist, the court will evaluate competing declarations and documentary evidence to determine the appropriate disposition of the assets at issue. To minimize the risk of successful challenges, assembling a strong evidentiary record is important. Clear trust language, contemporaneous documents showing intent to fund the trust, and well-prepared declarations reduce the likelihood that a challenge will prevail. If opposition is anticipated, we work to address contested issues proactively and present the most persuasive factual narrative possible to the court.
The costs associated with filing a Heggstad petition are generally lower than full probate administration when the petition resolves title issues for a limited set of assets. Petition costs include court filing fees, attorney time to prepare the petition and supporting materials, service costs, and potential charges for obtaining certified documents. Probate, by contrast, often involves broader administration tasks, filing numerous additional documents, potential bond requirements, and longer court oversight which can increase total costs. The relative savings depend on the number and value of assets involved and whether the petition is contested. When disputes arise or complex evidence must be developed, expenses can increase. However, even contested Heggstad petitions typically focus on a narrower issue than full probate and can still be more cost‑effective. We provide estimates and work to control costs by addressing likely institution requirements early, organizing the evidentiary record efficiently, and pursuing settlement or non‑litigious resolution where appropriate to reduce overall expense.
Heggstad petitions are primarily aimed at assets that should be governed by a trust but remain titled in an individual’s name. Retirement accounts and beneficiary designations involve different legal frameworks, and in many cases the beneficiary designation controls ownership after death. If retirement accounts were intended to name a trust as beneficiary but designations were not updated, resolving those matters may require separate procedures and careful tax and procedural consideration. A Heggstad petition is not typically the remedy for correcting beneficiary designation issues, though it may be relevant in limited factual scenarios. Because retirement accounts and insurance policies have unique rules, the best approach often involves a detailed review of plan documents and beneficiary forms. Where the trust was meant to be beneficiary but the designation differs, other remedies or negotiations with plan administrators may be necessary. We evaluate each asset type to recommend the most effective path that respects legal requirements and minimizes tax consequences and delays.
If a Heggstad petition appears unlikely to succeed because evidence of intent is weak or parties strongly oppose recognition of the trust, alternatives include proceeding with probate administration for the assets in question or seeking settlement with interested parties. Probate provides a clear legal mechanism for distributing property but is public and may be more time-consuming and expensive. In some cases, negotiated agreements that transfer assets to the trust or to heirs in exchange for releases may be the most practical solution to avoid litigation and move forward with administration efficiently. Another alternative is to pursue informal institution-specific remedies where banks or title companies will accept certain documentation without a court order. Early outreach to these entities can reveal whether they will re-title accounts based on trustee declarations and the trust instrument alone. We explore all available options and recommend the path that best balances cost, time, and the client’s goals for privacy and adherence to the decedent’s plan.
A trustee can file a Heggstad petition on behalf of the trust to obtain judicial recognition that assets should be treated as trust property. Filing generally does not require the prior consent of beneficiaries, but beneficiaries and other interested parties must be given notice and an opportunity to respond under court rules. The trustee has a fiduciary duty to act in the interests of the beneficiaries and to pursue reasonable measures to administer the trust property properly, which can include asking the court to clarify ownership when necessary to fulfill trustee duties. Because the court will consider the trustee’s position along with any objections, trustees should proceed with careful documentation and good communication. Providing notice and explaining the basis for the petition to beneficiaries in advance often reduces the chance of opposition and supports orderly administration. Trustees should also consider the cost/benefit balance of filing versus pursuing alternative solutions when deciding how to proceed.
To reduce the likelihood that a Heggstad petition will be needed, ensure trust funding is completed during the grantor’s lifetime by retitling real property, re-registering financial accounts, and updating beneficiary designations where appropriate. Keeping clear records of transfers, preserving drafts of estate documents, and maintaining written instructions about intended transfers can help ensure that ownership reflects the trust. Regular reviews of the estate plan and coordination with financial institutions and title companies help prevent clerical or administrative oversights that lead to mis‑titled assets after death. If the grantor is unable to complete funding, documenting intent through clear declarations, written instructions to advisors, or contemporaneous notes can provide helpful evidence. Encouraging the use of pour‑over wills and coordinating beneficiary designations with trust terms are additional preventive measures. Working with legal counsel to confirm that assets are properly aligned with the trust reduces the need for court involvement and preserves the privacy and efficiency benefits of trust administration.
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