A Heggstad petition can be an essential tool when a deceased person’s property was not properly transferred into a trust during their lifetime. At the Law Offices of Robert P. Bergman, we help families in Aptos and Santa Cruz County understand when a Heggstad petition may be appropriate and how it works within the broader estate planning framework. This guide explains common reasons people file Heggstad petitions, the evidence typically required, and how the petition interacts with wills, trusts, and probate procedures in California. Our goal is to provide clear, actionable information so you can make informed decisions about protecting family assets and honoring the decedent’s intentions.
Many families discover after a loved one’s passing that assets intended to be held in a trust remain titled in the decedent’s name, creating delays and potential expense. A Heggstad petition asks the court to recognize that certain assets should be treated as trust property despite being titled incorrectly. Understanding the petition process helps you evaluate whether to pursue court recognition, gather the necessary documentation, and anticipate possible outcomes. This article outlines the legal standards courts consider, typical timelines, and practical steps you can take to collect evidence and present a persuasive case for treating the property as trust assets under California law.
Filing a Heggstad petition can prevent probate delays and ensure that assets are distributed according to the terms of a trust, rather than through intestacy or a will that does not reflect the decedent’s true intentions. Successfully obtaining court recognition that property is trust property allows trustees to manage and distribute those assets under trust terms, which can reduce court costs and protect privacy. The petition also provides legal clarity for financial institutions and title companies that otherwise may refuse to transfer properties. For families dealing with grief and financial uncertainty, this legal route offers a pathway to resolve ownership disputes and move forward with trust administration more smoothly.
The Law Offices of Robert P. Bergman serve clients throughout Santa Cruz County and the Bay Area with comprehensive estate planning and trust administration services. Our approach emphasizes careful document review, thoughtful case preparation, and clear communication with families navigating property transfers, trust funding issues, and post-death administration. We coordinate with title companies, financial institutions, and courts as needed to present a complete record supporting a Heggstad petition. The firm aims to reduce unnecessary delays and costs while protecting client interests, working to achieve outcomes that honor the decedent’s documented estate plan and preserve family relationships during a difficult time.
A Heggstad petition is a judicial request for a court to declare that certain assets should be treated as trust property despite not being formally transferred into the trust before the settlor’s death. Courts examine the settlor’s intent, the trust documents, and surrounding circumstances to decide if the property was always meant to be part of the trust. Evidence can include trust language, beneficiary designations, beneficiary intentions, transfer documents, and communications showing intent. Understanding these elements helps families identify whether a petition is likely to succeed and what evidence to collect prior to filing in Santa Cruz County or elsewhere in California.
The process begins with gathering documentation showing the trust’s terms and any actions the decedent took or intended to take regarding asset transfers. Common scenarios include a grantor who prepared and signed trust documents but did not complete title changes, or situations where a pour-over will was intended to move assets into a trust but the transfer was incomplete. Courts may also consider testimony from those who knew the decedent’s intentions and any written statements. Understanding the evidentiary standards and legal tests applied in Heggstad cases helps families and trustees develop a coherent case for court recognition of trust property.
Named after a leading California case, a Heggstad petition seeks judicial recognition that certain property should be treated as trust property even though the formal transfer into the trust never occurred. The petition asks the court to correct title or recognize the trustee’s authority based on the decedent’s intent and relevant documentation. Courts weigh both objective documents and contextual evidence. Successful petitions align with the principle of giving effect to a deceased person’s testamentary intent when a trust clearly reflects that intent but formalities were incomplete. This remedy helps trustees administer assets without prolonged probate or uncertainty about ownership.
A typical Heggstad petition involves several key components: assembling trust documents, obtaining records that show intent to fund the trust, securing title or account records, and preparing sworn declarations or witness testimony to support the claim. The petition is filed with the appropriate probate court and served on interested parties, who may respond or raise objections. The court may schedule a hearing where the evidence is reviewed. Outcomes range from formal recognition of trust ownership to negotiated resolutions among beneficiaries. Careful preparation and thorough documentation are essential for presenting a persuasive case and resolving funding disputes efficiently.
Familiarity with common terms used in trust-funding disputes and Heggstad petitions helps clients follow legal proceedings and communicate effectively with attorneys and courts. Important terms include settlor, trustee, beneficiary, trust funding, pour-over will, title, and declaratory relief. Understanding these words clarifies roles and legal outcomes, such as who is authorized to manage assets and how courts view incomplete transfers. This glossary provides concise definitions and practical context so you can more confidently gather relevant documents, speak with financial institutions, and participate in discussions about whether a petition is the right route for resolving untransferred trust assets.
Settlor refers to the person who creates a trust and sets its terms, while trustee is the person or entity responsible for managing the trust property according to those terms. In Heggstad matters, the settlor’s intent is central, and the trustee’s authority may depend on court recognition of certain assets as trust property. Evidence of the settlor’s intent and actions concerning asset transfers can determine whether incorrectly titled property should be treated as part of the trust. Understanding these distinct roles clarifies who brings the petition and who benefits from a court order recognizing trust ownership.
Probate transfers involve distributing assets under a will through court-supervised proceedings, while nonprobate transfers move outside probate via mechanisms like trusts, beneficiary designations, and joint tenancy. A Heggstad petition seeks to keep assets within the trust administration process as nonprobate property by showing the decedent intended them to be trust assets. Recognizing assets as trust property can avoid probate and its associated delays and public filings. Distinguishing probate and nonprobate pathways helps families understand the benefits of validating trust funding and the potential consequences when transfers were not completed.
A pour-over will is a testamentary document that directs assets remaining in the decedent’s name to be transferred into an existing trust at death. While a pour-over will can help consolidate assets into a trust, it may still require probate to accomplish the transfer. A Heggstad petition differs by asking the court to recognize certain assets as already belonging to the trust, avoiding probate for those items. Understanding pour-over wills and funding mechanics helps families evaluate whether a petition or standard probate procedures are the appropriate path to carry out the decedent’s wishes.
Declaratory relief is a court-ordered determination about legal rights or status without ordering specific performance. In the context of a Heggstad petition, the court’s declaratory judgment can establish that property should be treated as trust assets, clarifying ownership and the trustee’s authority. This legal recognition assists title companies and financial institutions in transferring accounts or real property. It also provides certainty for beneficiaries and trustees, allowing trust administration to proceed under the terms the settlor intended, rather than through a probate distribution that might not reflect the trust’s design.
When confronted with untransferred assets, families can consider different legal paths, including filing a Heggstad petition, proceeding through probate with a will or intestate succession, or pursuing negotiated settlements with financial institutions. A Heggstad petition aims to validate trust ownership and avoid probate, while probate administers the decedent’s estate under court supervision. Each route has distinct timelines, costs, and public disclosure implications. Reviewing these options helps clients weigh the likelihood of court recognition, the complexity of required documentation, and the potential for contested claims, enabling a more informed decision about the most appropriate legal strategy for preserving the decedent’s intentions.
A limited approach may be sufficient when documentary evidence strongly indicates the decedent intended the asset to be held in the trust. Examples include trust language explicitly describing the asset, written instructions to trustees or financial institutions, or recorded declarations showing intent. When such materials exist, institutions may accept affidavits or certification of trust to update account or title records without full court proceedings. In these contexts, careful documentation and coordination with banks or title companies can achieve the desired transfer more quickly, reducing legal costs while preserving the settlor’s intended distribution plan.
A nonlitigious resolution can be appropriate when beneficiaries and financial institutions are cooperative and willing to rely on trust documents and sworn statements. If those parties agree the asset belongs to the trust and accept the trustee’s authority, it may be possible to complete transfers through administrative steps such as signing affidavits, submitting a certification of trust, or providing a copy of the trust instrument. Such cooperation can avoid court filings and contested hearings, resulting in a more streamlined and private process that still accomplishes proper trust funding and asset distribution.
A thorough legal response is often necessary when ownership of property is disputed or third parties raise competing claims. In these situations, the court may need to evaluate complex factual and legal questions, including the settlor’s intent, the timing of transfers, and whether documentation supports trust ownership. Preparing for litigation involves gathering extensive records, taking witness declarations, and addressing title or account issues. A comprehensive approach helps protect the trustee’s and beneficiaries’ interests by creating a clear evidentiary record and pursuing court orders that resolve disputes rather than leaving uncertain claims unresolved.
When records are incomplete, missing, or contradictory, a full legal approach may be required to reconstruct the asset history and demonstrate intent. This can include subpoenaing bank records, obtaining title histories, interviewing witnesses, and preparing detailed affidavits. Complex holdings like retirement accounts, partially retitled real estate, or assets subject to competing beneficiary designations often need careful legal analysis to determine whether a Heggstad petition or another remedy will be effective. In such scenarios, the added time and effort to develop a robust factual record can be instrumental in achieving court recognition of trust ownership.
A comprehensive approach to a Heggstad petition or related trust funding dispute provides several advantages, including thorough evidence collection, careful legal strategy, and minimized risk of future challenges. By documenting the settlor’s intent and the chain of title, a comprehensive case reduces the likelihood of surprise objections that could delay administration. This approach also helps secure court orders that carry legal weight with banks, title companies, and other institutions, making the eventual transfer of assets more straightforward and defensible against later disputes. The result is greater stability for beneficiaries and a clearer path for the trustee to follow.
Comprehensive preparation can also protect family relationships by reducing the chance of contested litigation that arises from misunderstandings or incomplete records. When a petition is supported by a clear documentary and testimonial record, it often leads to quicker resolution and fewer surprises. Additionally, obtaining formal court recognition can protect assets from inadvertent claims and clarify tax and administration responsibilities. Ultimately, investing in a complete legal process can save time and cost in the long run by preventing protracted disputes and ensuring assets are administered according to the settlor’s documented intentions.
A comprehensive approach strengthens the legal position of trustees and beneficiaries by presenting a well-documented case for court recognition of trust property. Clear court orders help resolve disputes with title companies and financial institutions and provide enforceable direction for administration. When the record shows consistent intent and supports the trustee’s authority, the court is more likely to grant relief that speeds transfers and clarifies ownership. The enhanced legal certainty reduces future challenges and helps trustees perform their duties with confidence, making administration smoother and more predictable for all involved parties.
Thorough preparation reduces the risk of subsequent litigation by addressing potential avenues of dispute proactively. By compiling documentary evidence, witness statements, and a clear chain of title before filing, trustees can resolve common objections early or present an airtight case to the court. This foresight helps avoid protracted contests among beneficiaries and diminishes the chances that a later party will successfully challenge the trust’s administration. The resulting stability benefits families by preserving assets and enabling distributions without repeated court intervention or renewed uncertainty about ownership.
Start by collecting all trust documents, related wills, beneficiary designations, insurance policies, account statements, and any correspondence indicating the decedent’s intent to fund the trust. Clear documentation often influences institutions and courts and can reduce the need for contested proceedings. Also locate records of attempted transfers, such as deeds, change-of-title forms, or transfer letters. These materials provide the backbone of a Heggstad petition and help demonstrate that the settlor intended the assets to belong to the trust. Organizing records early speeds evaluation and helps legal counsel assess the strength of your position.
Even if you hope for an administrative resolution, be prepared to file a petition and present supporting evidence if institutions or other parties contest the transfer. Anticipate the need for sworn declarations, records requests, and title histories. Preparing a clear chronology of events, copies of trust pages, and witness statements describing the decedent’s intentions will strengthen your position. Maintaining organized files and documenting communications with institutions and potential opponents helps the court evaluate the claim and can shorten hearings and lead to more predictable outcomes.
Consider pursuing a Heggstad petition when assets intended for trust administration remain titled in the decedent’s name, when financial institutions refuse to retitle accounts administratively, or when avoiding probate for specific assets is a priority. A petition can validate the trustee’s authority and facilitate transfers in line with the trust’s terms, helping preserve privacy and reduce court involvement for other estate matters. It is particularly useful when the trust document and surrounding evidence clearly reflect the settlor’s intent, but formal transfer formalities were not completed prior to death.
A petition may also be appropriate when beneficiaries are aligned with trust administration and seek to avoid the time and expense of probating assets one by one. Where title complications or institutional hesitancy would otherwise cause lengthy delays, obtaining court recognition can provide authoritative direction to institutions and avoid future disputes. Evaluating the likely costs, timing, and likelihood of success with experienced counsel helps families decide whether filing a petition or pursuing alternative administrative remedies is the best path forward.
Frequent scenarios prompting a Heggstad petition include a grantor who prepared a trust but never changed titles, real property left in the decedent’s name despite a trust, retirement accounts with mismatched beneficiary designations, and banks or title companies that decline to accept trust documents without a court order. Conflicting beneficiary claims, incomplete deed transfers, and unclear documentation of intent also commonly lead families to seek court recognition. Identifying these circumstances early helps determine whether administrative remedies suffice or whether court action is the most effective solution.
One common scenario is real estate or accounts that were always intended to be trust property but were never retitled during the settlor’s lifetime. This can happen for many reasons, including oversight, ill health, or administrative complexity. When a property remains in the decedent’s name, title companies and banks often require court orders to transfer ownership to the trustee. A Heggstad petition asks the court to recognize the trust’s ownership based on the decedent’s intent and supporting evidence, which can streamline the trustee’s ability to manage and distribute the asset as intended.
Transfers that were initiated but not completed, such as signed but unrecorded deeds or partially processed beneficiary designation changes, often create uncertainty about ownership. In these circumstances, documentation showing the settlor’s clear intent to fund the trust and evidence of steps taken toward transfer can support a petition. Courts evaluate the totality of circumstances to decide whether the property should be treated as trust property, and a well-prepared petition can bridge the gap left by incomplete administrative steps and secure recognition for the trustee to act.
Financial institutions and title companies sometimes refuse to accept trust documents without a court order due to internal policies or liability concerns. When institutions decline administrative retitling, trustees may have no option but to seek a judicial determination. Filing a Heggstad petition provides formal legal authority that convinces institutions to cooperate and transfer assets to the trustee. Preparing a thorough petition with documentary proof of the settlor’s intent and the trust’s terms increases the likelihood of a favorable court ruling and subsequent compliance by these institutions.
Residents of Aptos and nearby communities can obtain local representation to pursue Heggstad petitions and related trust administration matters. Local counsel understands Santa Cruz County court practices and can interact directly with local title companies, probate clerks, and financial institutions to gather records and file petitions efficiently. Working with a firm familiar with the area’s procedures helps streamline filings and hearings. The goal is to provide focused support for trustees and beneficiaries seeking to validate trust ownership and move forward with administration in a timely and orderly manner.
The Law Offices of Robert P. Bergman offer practical guidance for families dealing with untransferred trust assets and Heggstad petitions. We prioritize careful review of trust documents and a methodical approach to evidence gathering, helping families understand the available options and likely outcomes. Our familiarity with local procedures and experience coordinating with title companies and financial institutions helps streamline administrative steps and prepare solid petition filings when court recognition is necessary. Clients receive clear explanations of the process and what to expect at each stage.
When litigation is necessary, we focus on building a comprehensive record that demonstrates the settlor’s intent and supports the trustee’s authority. That includes organizing documents, securing witness declarations, and addressing title or account questions thoroughly. We also work to resolve matters through negotiation where possible, aiming to minimize cost and delay. Throughout the process we keep clients informed and involved so they can make timely decisions about whether to pursue administrative remedies or file a petition in probate court.
Our approach emphasizes practical outcomes for families: obtaining the documents and court recognition needed to transfer assets, protect beneficiaries, and preserve family privacy where possible. We assist with related estate planning tasks such as preparing pour-over wills, certifications of trust, and powers of attorney that reduce the chance of similar issues in the future. By combining careful preparation with responsive client service, we help trustees and families resolve funding disputes and move forward with trust administration efficiently.
Our firm follows a clear, stepwise process when handling Heggstad petitions: an initial review of all trust and asset documents, targeted evidence collection, communication with institutions to explore administrative remedies, and preparation of a petition when court recognition is necessary. We prepare affidavits and declarations, gather title and account history, and file the petition with the appropriate probate court. Throughout, we keep clients updated on developments and potential timelines so trustees and beneficiaries can make informed choices about settlement, mediation, or courtroom resolution when disputes arise.
The first step is a thorough review of the trust instrument, wills, account statements, deeds, beneficiary designations, and any correspondence that sheds light on the settlor’s intent to fund the trust. This assessment identifies which assets are affected, what records are missing, and whether administrative transfers may be possible without court intervention. We also evaluate likely responses from financial institutions and beneficiaries, the potential need for subpoenas, and the strength of the evidentiary record in support of a petition to recognize the assets as trust property.
Gathering all relevant documents is essential, including the original trust, amendments, deeds, account statements, and any signed but unrecorded transfer documents. We request records from banks and title companies as needed and organize evidence that shows the settlor’s intent and any steps taken toward funding. Detailed, organized files enable us to present a coherent narrative to institutions or to the court in support of recognition. This stage often resolves straightforward funding gaps without formal litigation when institutions accept the documentation provided.
We contact financial institutions, title companies, and beneficiaries to determine whether administrative remedies are feasible and to understand procedural requirements. These conversations clarify what documents each institution will accept and whether a certification of trust, affidavit, or court order is necessary. Engaging stakeholders early can resolve many issues without filing a petition, while also revealing when court action will likely be required. Clear communication helps set expectations and can shorten the timeline for retitling accounts or transferring property.
If administrative remedies are insufficient, we prepare a Heggstad petition that outlines the legal basis for recognizing the property as trust assets. This includes drafting declarations, compiling the trust instrument and related records, and assembling title and account histories to show intent and attempted transfers. We ensure that the petition is complete, persuasive, and tailored to the court’s evidentiary standards, while also preparing for potential opposition by identifying and addressing likely challenges in advance.
We draft sworn declarations and supporting affidavits from trustees, witnesses, and professionals as needed to document the settlor’s intent and the circumstances surrounding the asset’s failure to be retitled. These statements provide the court with firsthand accounts that supplement documentary evidence and explain ambiguous records. Clear, well-prepared declarations can bridge gaps in formal documentation and present a compelling narrative to persuade the court that the property should be treated as trust-owned.
Once the petition is prepared, we file it in the appropriate probate court and serve notice on beneficiaries and other interested parties in accordance with statutory requirements. Proper service allows affected parties the opportunity to respond or object. We handle the procedural aspects of filing and service to ensure compliance with local rules, and we monitor deadlines to preserve rights and avoid procedural complications that could delay resolution or reduce the chance of obtaining the desired court order.
After filing and service, the court may schedule a hearing to review the petition and the supporting record. At the hearing we present evidence, answer questions, and address any objections raised by interested parties. The court may grant the petition in whole or in part, continue the matter to allow additional evidence, or deny relief if the record is insufficient. We prepare clients for the hearing and pursue post-hearing steps, such as obtaining court orders for title transfers and communicating outcomes to institutions for implementation.
At the hearing we present the assembled documentary evidence and sworn declarations that demonstrate the settlor’s intent and the trust’s scope. Our goal is to provide a coherent, persuasive record that meets the court’s standards for recognizing the property as trust-owned. We respond to questions from the judge, address objections from other parties, and highlight documentary support that shows consistent intent and efforts to transfer the asset to the trust during the settlor’s lifetime.
If the court grants the petition, we obtain the signed order and coordinate with title companies and financial institutions to effectuate transfers to the trustee. This may involve recording deeds, updating account registrations, and delivering certified copies of court orders to institutions. Our role is to ensure the court’s determination is implemented promptly so the trustee can manage and distribute assets according to the trust, minimizing further administrative hurdles and allowing beneficiaries to receive their inheritance as intended.
A Heggstad petition is a court action requesting that a probate court declare certain assets to be trust property even though they were not formally transferred into the trust before the settlor’s death. It is commonly used when a trust exists but title to one or more assets remains in the decedent’s name, and the trustee or beneficiaries seek court confirmation to allow administration under the trust. The petition asks the court to evaluate the settlor’s intent and supporting records to determine whether the property should be treated as part of the trust for purposes of management and distribution. This petition is used when administrative remedies are insufficient or institutions refuse to retitle property without a court order. The court’s decision is based on the written trust, any attempted but incomplete transfers, and testimony about the settlor’s intent. When granted, the order provides clear authority for the trustee to manage and distribute the assets according to the trust, often avoiding full probate for those specific items and providing legal certainty to institutions and beneficiaries.
Determining whether property should be treated as trust property centers on the settlor’s intent and supporting documentation. Review the trust instrument, deeds, account records, beneficiary designations, and any written instructions or communications that show the settlor intended particular assets to be included in the trust. Evidence that demonstrates consistent intent and steps taken toward funding the trust increases the likelihood that a court will find the property belongs to the trust. If documentation is strong and institutions agree, property can often be retitled administratively without court involvement. When institutions require judicial confirmation or records are incomplete, filing a petition may be the effective course. An attorney can assess the evidence and advise whether a petition is likely to succeed or whether other remedies may be appropriate.
Courts consider both documentary and testimonial evidence in Heggstad petitions. Key documents include the trust instrument itself, deeds, account statements, beneficiary designations, and any signed but unrecorded transfer documents. Sworn declarations from trustees, witnesses, or professionals who observed the settlor’s intent also carry weight. The court evaluates whether the totality of evidence shows the settlor intended the asset to be part of the trust and whether actions were taken to effectuate that intent. Evidence that shows consistent intent over time and attempts to transfer the asset helps the court reach a favorable determination. Where records are incomplete, credible witness declarations and a clear trust instrument can still persuade the court. Courts weigh the strength and consistency of all evidence presented to determine whether the property should be recognized as trust-owned.
A Heggstad petition can avoid probate for specific assets by asking the court to recognize them as trust property, allowing trustees to administer those items outside probate. However, whether it avoids probate entirely depends on the overall estate situation and which assets are involved. If most assets were properly funded to the trust, and only a few items remain in the decedent’s name, a successful petition can effectively reduce the need for probate for those particular assets. If significant estate assets remain outside the trust or if the decedent’s estate requires formal administration under a will, probate may still be necessary for other matters. The petition is a tool to resolve ownership disputes about particular assets and is often used in combination with other estate administration steps to minimize probate where possible.
The timeline for a Heggstad petition varies depending on the complexity of the case, the need for additional records, and the court’s schedule. Simple matters where documentation is clear and institutions consent can be resolved more quickly, sometimes within a few months. When evidence is incomplete, witnesses must be located, or objections arise, the process can take longer as depositions, subpoenas, or additional hearings may be required. Local court backlogs and the need for careful preparation also affect timing. Working efficiently to gather records, prepare declarations, and communicate with interested parties helps reduce delays. Your attorney can provide a more precise estimate after reviewing the specifics of your case and the required evidence for the petition.
If beneficiaries object to a Heggstad petition, the court will consider their arguments and may schedule a contested hearing to weigh the evidence and legal positions. Objections might challenge the settlor’s intent, the sufficiency of documentation, or proper notice. The court examines the totality of evidence presented by both sides before issuing a determination. Preparing a robust evidentiary record in advance helps address potential objections effectively. When objections arise, parties often engage in negotiation or mediation to resolve disputes without prolonged litigation. Settlement discussions can lead to agreements on retitling or distributions, avoiding a protracted court fight. If resolution is not possible, the court’s decision after hearing evidence will determine ownership and guide administration going forward.
Yes, in most cases a properly issued court order recognizing property as trust-owned will be accepted by banks, title companies, and other institutions, which then proceed to retitle accounts or real property to the trustee. Institutions typically comply with clear judicial determinations to avoid liability and to follow the court’s direction for property transfers. Providing certified copies of the order and related court documents helps institutions update their records and complete transfers promptly. In some cases, institutions may still request additional documentation, but a court order significantly reduces resistance and provides a legally binding resolution. Coordinating with the institution and delivering the required certified documents ensures the order is implemented and the trustee gains authority to manage and distribute the assets under the trust.
Alternatives to filing a Heggstad petition include administrative remedies such as providing a certification of trust, affidavits, or direct negotiations with banks and title companies to retitle assets. If institutions accept the trust’s documents and supporting declarations, transfers can occur without court involvement. Another alternative is to pursue settlement agreements among beneficiaries and interested parties to effectuate transfers cooperatively, avoiding litigation and reducing expense and delay. However, when institutions refuse administrative actions or when ownership is contested, those alternatives may not succeed. In those situations, a Heggstad petition remains the primary legal mechanism to obtain a formal court determination that the property should be treated as trust-owned and to compel institutions to honor transfers to the trustee.
Costs for filing a Heggstad petition vary based on factors such as the complexity of the evidence needed, whether parties contest the petition, and the amount of court time required. Expenses can include attorney fees, court filing fees, costs for obtaining records, and potential fees for recording deeds or making title changes. When the factual record is straightforward and institutions cooperate, costs are typically lower. Contested matters that require extensive discovery, witness preparation, or multiple hearings will increase overall expense. An attorney can provide a preliminary estimate after reviewing the documents and assessing dispute risk. The goal is to balance the likely benefit of obtaining court recognition against the expected costs, and to pursue administrative solutions where feasible to reduce expenses while still protecting the trustee’s and beneficiaries’ interests.
To reduce the likelihood of needing a Heggstad petition in the future, take proactive steps to ensure trusts are properly funded during the settlor’s lifetime. That includes retitling real property into the trust, updating beneficiary designations on retirement accounts and insurance policies, and coordinating with financial institutions to confirm account registrations. Preparing and recording deeds, and providing trustees with a list of assets and account information, helps prevent assets from remaining in the decedent’s name after death. Regularly reviewing estate planning documents and maintaining clear records of transfers and beneficiary updates also helps. Working with counsel to draft pour-over wills, certifications of trust, powers of attorney, and other planning documents can streamline administration and minimize the chance that assets will be overlooked or left unfunded at the time of the settlor’s death.
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