A Heggstad petition can resolve situations where a deceased grantor’s assets were not properly transferred into a trust and where probate might otherwise be required. In Cotati and throughout Sonoma County, families turn to the Law Offices of Robert P. Bergman for careful legal guidance on whether a Heggstad petition is appropriate to transfer assets to a trust after the grantor’s death. This page explains what a Heggstad petition is, how it works in the context of California trust and estate law, and when seeking court approval can protect family assets and preserve the settlor’s intentions without full probate proceedings.
If you are dealing with estate administration for a decedent who created a trust but whose assets were still titled in their name at death, a Heggstad petition may be the path to transferring those assets into the trust. Our Cotati-focused materials describe typical scenarios, the process of preparing and filing the petition, the kinds of evidence the court will consider, and practical outcomes you can expect. We also describe related estate planning instruments such as pour-over wills and certifications of trust so you understand the full picture for efficient post-death administration and avoidance of unnecessary delay and expense.
A properly prepared Heggstad petition can save time and resources by demonstrating that certain assets were intended to be held in a trust even though they were not retitled before death. This process can protect beneficiaries from the delay and costs associated with a full probate case, and it helps preserve the terms of the trust as the grantor intended. In Sonoma County, courts evaluate documentation and the circumstances surrounding asset ownership at death. A successful petition clarifies title, facilitates transfer to the trust, and supports cohesive estate administration for surviving family members and fiduciaries attempting to carry out the decedent’s estate plan.
The Law Offices of Robert P. Bergman, based in San Jose and serving Cotati along with the broader Sonoma County region, focuses on estate planning and trust administration matters tailored to the needs of California families. Our approach emphasizes clear communication, careful preparation of court filings, and practical strategies to achieve efficient transfers of assets where errors or oversights occurred. We handle related documents such as revocable living trusts, pour-over wills, and certifications of trust, and we work closely with fiduciaries and family members to present a persuasive record to the court while managing timelines and minimizing disruption during a difficult time.
A Heggstad petition is a legal request filed in probate court that asks the judge to determine whether a decedent intended certain assets to be held in a trust, even if those assets remained titled in the decedent’s name at the time of death. The petition typically includes supporting documents such as trust instruments, deeds, declarations, account statements, and affidavits from individuals with knowledge of the decedent’s intentions. The court evaluates the evidence to determine whether the asset is part of the trust, and if so, it orders the transfer to the trustee. This process helps align asset ownership with the trust’s provisions while avoiding the probate process for those specific assets.
When preparing a Heggstad petition, it is important to assemble a clear factual record that explains why the asset was never retitled or why a transfer to the trust did not occur prior to death. Relevant facts may include the grantor’s consistent statements about their intent, documentation of the trust terms, attempts to retitle property, or administrative oversights. The court will consider the totality of evidence, the credibility of supporting statements, and any competing claims. The goal is to obtain a judicial declaration that the identified property belongs to the trust so it can be administered under the trust’s terms without full probate for that property.
A Heggstad petition asks the probate court to recognize that specific property belonged to the decedent’s trust despite being titled in the decedent’s name at death. Originating from a key California case, the petition provides a procedural tool to correct the record and allow the trustee to manage and distribute the asset according to the trust’s terms. Typical scenarios include real property left in the decedent’s name, bank accounts never retitled, or assets intended to pour over to a trust through a will but not yet transferred. The court’s ruling clarifies title and authorizes the trustee to act for the benefit of beneficiaries.
A successful petition includes a clear description of the asset, the trust instrument, evidence of intent to transfer, and legal argument addressing applicable statutes and case law. Supporting declarations from witnesses or the trustee explain the circumstances that prevented retitling and attest to the decedent’s intent. The petition requests a judicial declaration that the asset belongs to the trust and seeks related orders to transfer title and resolve any recorded encumbrances. The court may schedule a hearing, consider objections, and weigh the preponderance of the evidence before issuing an order. Proper preparation increases the likelihood of a favorable and timely outcome.
Understanding common terms helps fiduciaries and family members follow the Heggstad petition process and the estate administration steps that may follow. Below are short definitions and explanations of frequently used legal terms related to trust transfers and probate proceedings. These definitions clarify the roles of trustees and beneficiaries, the nature of specific instruments such as pour-over wills and certifications of trust, and the mechanics of transfer orders that implement the court’s decision. Familiarity with these terms supports informed decision-making and smoother coordination with legal counsel and the court.
A revocable living trust is an estate planning instrument created during a person’s lifetime that holds title to assets and directs their management and distribution according to the trust’s terms. The grantor typically serves as trustee initially and may change beneficiaries or revoke the trust while alive. At the grantor’s death, a successor trustee administers the trust to distribute assets to beneficiaries without probate for assets properly held by the trust. When assets remain titled in the grantor’s name, a Heggstad petition may be pursued to transfer those assets to the trust as intended by the grantor.
A pour-over will is a testamentary document that directs assets still in the decedent’s name at death to be transferred into a previously established trust, effectively capturing any assets that were not retitled before death. While a pour-over will can transfer assets into the trust, assets governed by a will typically must pass through probate before transfer. A Heggstad petition offers an alternative pathway to place certain assets into the trust without full probate, provided there is adequate evidence that the decedent intended those assets to be trust property during their lifetime or through their estate planning design.
A certification of trust is a concise document that summarizes key provisions of a trust for third parties, such as banks or title companies, without disclosing the full trust instrument. It typically confirms the existence of the trust, the identity of the trustee, and the trustee’s authority to act. A certification can facilitate administrative transactions, help retitle accounts, and support a petition by showing the terms under which the trust operates. When an asset appears not to have been transferred, a certification may be included with a Heggstad petition to confirm the trustee’s authority to receive and administer the property.
A Heggstad petition asks the probate court to determine that certain property should be treated as trust property despite being titled in the decedent’s name at death. The petition sets out factual and legal grounds asserting the decedent’s intent to include the property in the trust and requests a court order to transfer title to the trustee. It is a practical remedy to reconcile record-title discrepancies and allow trust administration to proceed for identified assets, avoiding full probate administration for those assets when the court is persuaded by supporting evidence and declarations.
When assets intended for a trust are not retitled, concerned parties should weigh options such as filing a Heggstad petition, pursuing a traditional probate administration, or seeking informal resolution with financial institutions and title holders. Probate is a formal court-supervised process that administers a decedent’s estate under a will or by intestacy, but it can be time-consuming and costly. A Heggstad petition seeks a narrower court determination that a specific asset belongs to a trust and may allow transfer without full probate. Each approach has trade-offs in time, cost, and the evidence required, and the appropriate choice depends on factors such as asset type, competing claims, and the strength of documentation.
A limited Heggstad petition can be appropriate when one or a small number of assets were never retitled into a trust and the surrounding facts clearly show the decedent intended the trust to hold those assets. Examples include a single parcel of real estate, a specific bank account, or a brokerage account that was overlooked during lifetime administration. When documentary evidence such as the trust document, account statements, and witness declarations demonstrate intent and connection to the trust, the petition can correct title efficiently, avoiding the broader scope and expense of a full probate estate administration proceeding.
A limited approach can succeed when financial institutions, title companies, or heirs are cooperative and where documentary evidence supports a straightforward transfer. If records show consistent treatment of the asset in relation to the trust and key parties do not contest the claim, a Heggstad petition can be filed with a strong chance of a favorable outcome. In these circumstances, the trustee can present a concise factual record and the court may issue an order transferring the asset to the trust, streamlining administration and minimizing the emotional and financial burden on surviving family members.
When multiple assets are involved or when title issues are complicated by liens, co-ownership claims, or competing beneficiary assertions, a more comprehensive legal strategy may be required. In such cases, the trustee or personal representative may need to combine Heggstad petitions with other probate filings, declaratory relief actions, or litigation to resolve disputes and clear title. Coordinating across different courts and negotiating with creditors or claimants often demands careful procedural planning, detailed discovery, and strategic pleadings to protect the trust’s interests and achieve final settlement for all contested assets while preserving value for beneficiaries.
A broader legal approach becomes necessary when parties contest the decedent’s intent or when beneficiaries present conflicting claims to assets. Disputed testimony about whether the grantor intended assets to belong to a trust can require evidentiary hearings, depositions, and more extensive legal briefing. Resolving these disputes may involve asserting additional claims, defending against objections, and presenting a comprehensive factual record to the court. In such situations, careful case management and persistent advocacy are needed to reach a court determination that clarifies title and enables proper distribution under the trust or estate plan.
A comprehensive approach to trust and estate issues addresses both immediate title problems and underlying disputes that could later generate additional litigation. By taking a full view of the challenges, the trustee or representative can obtain broad relief, resolve related claims at once, and reduce the risk of future contestation. This may include pursuing multiple petitions, coordinating with real property counsel, and securing court orders that remove clouded title, obtain instructions for complex distributions, or address creditor claims. Such an approach can provide finality and administrative clarity for beneficiaries and fiduciaries managing the decedent’s estate.
Comprehensive representation also improves the chances of addressing ancillary matters such as tax reporting, transfer of retirement assets, and corrections to recorded instruments that might otherwise impede distribution. By anticipating these related issues, a carefully planned legal strategy minimizes delays, prevents gaps in administration, and helps ensure that assets move smoothly from the decedent’s name into the trust. This proactive posture often conserves estate assets and prevents fragmented proceedings that could be more costly and time‑consuming for families during a sensitive period.
Obtaining court orders that formally transfer assets into a trust reduces ambiguity and the possibility that disputes will arise later over asset ownership. A comprehensive legal approach seeks to identify potential contest points and address them in the initial court filings or related pleadings. By resolving these issues early, trustees can carry out distributions with confidence that title has been corrected and the court has authorized the transfer. This protection benefits beneficiaries who seek timely access and reduces administrative costs associated with extended litigation or repeated filings.
A full-service approach treats the Heggstad petition as one part within a broader estate administration plan that may include probate filings, creditor claims, and tax matters. Addressing interrelated issues together can reduce duplication, shorten overall timelines, and produce a coordinated outcome for the estate. When legal steps are sequenced and implemented with attention to evidentiary requirements and court procedures, trustees and family members often experience smoother asset transfers and fewer procedural setbacks, which conserves estate resources and reduces stress during settlement.
Begin by collecting the original trust instrument, any amended versions, deeds, account statements, beneficiary designations, and correspondence that reflect the decedent’s intent. These documents form the backbone of a Heggstad petition and help establish a clear chain of evidence showing why the asset should be treated as trust property. Early collection of title documents and account histories also helps identify potential obstacles such as liens, joint ownership issues, or outdated beneficiary forms that may require additional steps to resolve before the court will order transfer to the trustee.
When possible, engage early with banks, brokerage firms, and title companies to determine what documentation they require to retitle accounts or property to a trustee. Some institutions will accept a certification of trust or court order once a petition is granted, while others may request additional records. Advance coordination helps streamline post-order transfers and reduces delays after a judicial ruling. This proactive step often leads to a smoother transition of assets into the trust and helps trustees fulfill their duties efficiently for the benefit of beneficiaries.
Filing a Heggstad petition is often appropriate when a decedent clearly intended assets to be held by a trust but the assets remain in the decedent’s name, creating a title discrepancy that could otherwise lead to probate or distribution complications. The petition offers a path to clarify ownership and transfer title to the trustee, allowing trust administration to proceed according to the trust’s terms. Families should consider this service when seeking efficient, court-authorized resolution that aligns asset ownership with the decedent’s estate planning documents, while minimizing additional delay and expense.
Other reasons to pursue a Heggstad petition include avoiding probate for specific assets, reducing administrative burdens for beneficiaries, and resolving disputes that may arise from mis-titled property. For trustees charged with carrying out the trust, a judicial declaration can provide legal certainty to act on behalf of beneficiaries, particularly when financial institutions or title companies require proof of authority. The decision to file should follow careful assessment of the strength of documentary evidence and any likely objections from heirs or creditors, so that the petition is positioned for success.
Typical circumstances prompting a Heggstad petition include overlooked real property left in the decedent’s name, bank or brokerage accounts not retitled into a trust, retirement plan distributions that did not properly transfer, or assets that were intended to be poured over to a trust but remained untransferred. Administrative oversights, last-minute asset acquisitions, and incomplete retitling processes all contribute to the need for court intervention. Trustees and families commonly encounter these issues during initial estate review and may pursue a Heggstad petition to align these assets with the trust without subjecting them to full probate.
A frequent trigger for a Heggstad petition is a deeded parcel of real property that remains in the decedent’s name at death despite the existence of a trust. This commonly happens when property was purchased or transferred near the end of life or when the retitling process was overlooked. To resolve this, a petition can present the trust document, deeds, and supporting testimony to show the decedent intended the property to be trust-owned. If the court agrees, it can order the property transferred to the trustee, enabling administration under the trust.
Sometimes bank or investment accounts meant to be held in a trust remain titled in the decedent’s personal name, often because the retitling paperwork was not completed. In such scenarios, trustees may lack sufficient institutional cooperation to effect transfers without a court order. A Heggstad petition can present account statements, the trust instrument, and supporting declarations to the court to obtain an order recognizing the accounts as trust property. After the order, institutions typically transfer asset control to the trustee, enabling distribution in line with the trust terms.
Assets acquired late in life, such as recently purchased real estate, newly opened accounts, or receivables, may not have been retitled before the grantor’s death. These last-minute changes can create uncertainty about ownership, and a Heggstad petition can resolve who should administer and receive such assets. The petition should document the timing, the grantor’s intent, and any actions taken to include the assets in the trust to persuade the court to declare the property as trust assets and permit the trustee to include them in trust administration and distribution.
If you are managing the affairs of a decedent with a trust in Cotati or elsewhere in Sonoma County, we are available to help evaluate whether a Heggstad petition or another probate filing is the appropriate path. The Law Offices of Robert P. Bergman provides guidance on assembling documentation, preparing declarations, communicating with financial institutions, and presenting a persuasive petition to the court. Our goal is to help trustees and families achieve clear title transfers and efficient trust administration while minimizing delay, expense, and uncertainty during a sensitive period following a loved one’s death.
The Law Offices of Robert P. Bergman offers focused estate planning and trust administration services grounded in practical knowledge of California probate procedures and local court practices. We assist trustees and families in preparing thorough petitions, gathering the necessary documentary support, and coordinating with third parties such as banks and title companies. Our approach emphasizes careful preparation and clear explanation of legal options so that fiduciaries can make informed choices and pursue a course that aligns with the decedent’s plan and the needs of beneficiaries.
We handle a full range of related documents and proceedings, including revocable living trusts, pour-over wills, certifications of trust, and petitions to transfer assets into trusts. Our process includes reviewing trust instruments, locating and organizing financial records, drafting declarations from witnesses, and preparing court filings tailored to the particular facts of each case. For trustees seeking to resolve title discrepancies efficiently, this coordinated support helps reduce procedural obstacles and moves assets into the trust so administration can proceed smoothly.
Throughout the Heggstad petition process, we prioritize communication with trustees and beneficiaries so all decision-makers understand the timeline, likely outcomes, and documentation needed. We also assist with post-order matters such as recording new deeds, updating account registrations, and coordinating distributions under the trust. For families in Cotati and Sonoma County, having a clear legal plan and responsive counsel helps minimize stress and ensures that the decedent’s wishes are honored and implemented with care and legal clarity.
Our process begins with an initial review of the trust instrument and the asset titles at issue, followed by collection of supporting documents such as deeds, account statements, and relevant correspondence. We prepare declarations that recount the relevant facts and any retitling efforts, draft the petition and proposed orders, and coordinate with banks, title companies, and other entities to determine required documentation. After filing, we handle service, respond to objections if any, and present the case to the court. Once the order issues, we assist with recording deeds and facilitating transfers to the trustee.
In the first step we evaluate the trust, identify the assets not properly titled, and collect documents that demonstrate the decedent’s intent and the asset’s connection to the trust. This includes reviewing deeds, account statements, beneficiary designations, and communications showing efforts to retitle property. We also interview potential declarants who can attest to the grantor’s intentions and prepare written statements. A careful assessment at this stage lays the groundwork for a coherent petition that addresses the court’s evidentiary expectations and reduces the likelihood of procedural issues.
We examine the trust document for clauses relevant to asset transfers, successor trustee powers, and any amendments that clarify distribution intent. Simultaneously, we gather property deeds, bank and brokerage statements, and any transactional records to show how the asset was handled during the grantor’s life. This combined review helps us pinpoint documentation gaps, identify potential objections, and prepare a narrative explaining why the asset belongs in the trust. Clear alignment between trust language and asset records strengthens the petition’s factual foundation before filing.
We prepare and review declarations from the successor trustee and others who can confirm the grantor’s intent and recount attempts to retitle or otherwise include the asset in the trust. Institutional records from banks, title companies, and brokers may corroborate the timeline and retitling efforts. These combined statements create a persuasive record that addresses likely court concerns. Properly prepared declarations and institutional documentation reduce ambiguity and provide the factual support needed for the judge to issue a transfer order in favor of the trust.
After assembling the factual record, we draft a Heggstad petition that narrates the history of the asset, attaches relevant documents, and requests judicial declaration and transfer orders. The petition is filed in the appropriate probate court and served on interested parties, including heirs and any entities with recorded interests. We will address procedural requirements such as notice timelines and statutory compliance to ensure the filing proceeds smoothly. Careful drafting and proper service are essential to minimize procedural objections and move toward a hearing or uncontested resolution.
We prepare the petition to clearly identify the asset, provide a concise factual history, and set out the legal basis for recognizing the asset as trust property. Proposed orders are drafted to effect the court’s intended relief, including transfer of title and authorization for the trustee to take necessary administrative steps. Including precise proposed orders helps the judge and other parties understand the requested relief and can streamline the court’s review and ruling, particularly in matters where the evidence is straightforward and uncontested.
Following filing, we coordinate service on heirs, beneficiaries, and any entities with recorded interests, ensuring statutory notice requirements are met. If objections or competing claims are raised, we respond with supporting evidence, supplemental declarations, or additional legal briefing. Our goal at this stage is to resolve disputes through documentation and negotiation where possible, but also to be prepared to present the matter at hearing and address contested factual or legal issues to obtain the court’s declaration for transfer to the trust.
If a hearing is required, we present the evidence and arguments supporting the petition and seek the court’s declaration that the asset belongs to the trust. Once the court issues an order, we assist with recording deeds, updating account registrations, and providing certified copies of the order to banks or title companies so transfers can be completed. We also advise the trustee on subsequent administrative duties, distribution steps, and any final reporting obligations, ensuring the asset’s inclusion in the trust is reflected across all relevant records and institutions.
At hearing we present the assembled record including the trust instrument, declarations, and institutional records that support the requested transfer. The court evaluates the credibility of the declarations and the documentary proof before issuing a ruling. A clear, well-organized presentation increases the likelihood of a timely order. After the judge issues a declaration that the asset is trust property, the court typically signs an order allowing the trustee to take steps necessary to transfer title into the trust, enabling administration and distribution according to the trust’s terms.
After the order, we help the trustee implement the transfer by preparing recorded documents such as deeds for real property and providing certified copies of the court order to financial institutions. We also advise trustees on tax reporting and on any additional steps needed to satisfy creditor notice requirements or finalize distributions. Ensuring all institutional and recording requirements are met after the court action completes the transfer process and helps trustees proceed confidently with trust administration for the benefit of named beneficiaries.
A Heggstad petition is a probate court filing that asks the judge to declare that a particular asset should be treated as trust property even though it remained titled in the decedent’s name at death. The petition typically explains the circumstances that prevented retitling, attaches the trust instrument and supporting records, and requests a judicial order transferring the asset to the trustee. It is commonly used to correct record-title discrepancies and allow trust administration to proceed for those assets without a full probate for the entire estate. You might need a Heggstad petition when documentary evidence and witness statements show the decedent intended the asset to be included in their trust, but the asset was not retitled. Filing the petition can remove uncertainty, enable the trustee to manage and distribute the asset according to the trust, and reduce delays or costs that would arise if the asset were forced through probate alone. The strength of the supporting documentation and the presence of any competing claims will influence the petition’s outcome.
The timeline for a Heggstad petition varies based on docket schedules, whether the petition is contested, and how quickly supporting evidence can be assembled. In uncontested situations with clear documentation and cooperative interested parties, the process can move more quickly and may resolve within a few months depending on the court’s calendar. When additional discovery is required or objections are filed, the timeline extends as hearings, briefing, and possible settlement discussions take place. Proactive preparation of trust documents, declarations, and institutional records usually shortens the process, while contested matters may require more court time and preparation. Communicating early with banks, title companies, and potential objectors to understand their positions can also help identify hurdles and expedite resolution when possible.
Typical documents to support a Heggstad petition include the trust instrument and any amendments, a certification of trust if appropriate, deeds or account statements showing the asset in the decedent’s name, correspondence or records evidencing attempts to retitle the asset, and declarations from the successor trustee and other witnesses who can attest to the decedent’s intent. Institutional records from banks or title companies that reflect efforts to transfer ownership are also helpful. Providing a clear, chronological presentation of these documents with sworn declarations that explain the context strengthens the petition. The court reviews the totality of the evidence to determine whether the asset should be treated as trust property. The more complete and consistent the documentary record, the more persuasive the petition will be.
A Heggstad petition can be used to avoid probate for specific assets that the court determines were intended to be trust property despite being titled in the decedent’s name at death. However, it does not automatically prevent probate for other assets that are solely in the decedent’s name or that are governed by a will. Each asset must be evaluated on its own factual record. If multiple assets are affected, the petition process may be used for each item or combined as appropriate. When a comprehensive resolution is needed for many assets or when disputes are likely, a broader probate or court strategy may be more appropriate. Trustees should evaluate each asset and work with counsel to determine whether individual Heggstad petitions or traditional probate filings best achieve the estate administration objectives while conserving resources and time.
Typically, the successor trustee or personal representative files a Heggstad petition on behalf of the estate or trust, depending on who has standing and authority under the relevant instruments and statutes. Interested parties such as beneficiaries, heirs, and any recorded lienholders or co-owners must be notified according to statutory notice rules. Proper service ensures that the court can consider any objections and that all parties have the opportunity to be heard. Ensuring correct notice and service helps prevent later challenges based on procedural defects and promotes a fair process. If there is uncertainty about who should be served or how service should be effectuated, seeking guidance early avoids delays and enhances the petition’s procedural integrity in court.
Filing a Heggstad petition, when supported by a clear evidentiary record, usually facilitates rather than hinders the transfer of clear title because it seeks a judicial determination that clarifies ownership. Once the court issues an order declaring the asset to be trust property, banks, title companies, and recording offices typically accept the order and proceed with transfers consistent with the trustee’s authority. This judicial declaration can remove ambiguity and make institutional cooperation more straightforward. However, if the petition lacks adequate proof or if competing claims exist, additional litigation or supplemental proceedings may be necessary to resolve disputes. Proper preparation and documentary support before filing help reduce the risk that the petition will complicate rather than clarify title issues, allowing the trustee to complete administrative transfers efficiently after the court’s decision.
If an heir objects to a Heggstad petition, the court will consider the objection and may require additional evidence or hold a hearing to resolve the dispute. Objections often focus on conflicting testimony about the decedent’s intent or on alternative claims to the property. When objections arise, legal counsel will typically gather supplemental documentation, take discovery if needed, and present a more comprehensive factual record at hearing so the court can weigh competing evidence and reach a determination that addresses the objection. Resolving objections may involve negotiation, supplemental declarations, or formal litigation steps depending on the nature of the dispute. The outcome depends on the strength and consistency of the evidence supporting the decedent’s intent and how well the petition addresses legal and evidentiary issues identified by objecting parties.
A pour-over will is designed to transfer assets into a trust at death by directing that probate assets be conveyed to the trust, but assets governed by a will typically must pass through probate before they can be transferred. A Heggstad petition addresses a different but related issue: it asks the court to recognize certain assets as trust property despite their record title being in the decedent’s name. In some cases, a Heggstad petition provides a path to transfer assets that a pour-over will would otherwise send through probate, potentially reducing the scope of probate proceedings for those specific items. While a pour-over will and a Heggstad petition both serve to align asset distribution with a trust, the petition focuses on correcting title and may avoid probate when the court is convinced the asset belonged to the trust. Trustees and families should consider both documents together when planning post-death administration to minimize estate administration burdens.
Court filing fees and related costs are generally required to file a Heggstad petition and vary by county and the nature of the filing. Additional expenses may include fees for preparing and recording deeds, costs associated with obtaining certified copies of orders, charges for service of process, and any necessary title searches or liens payoffs. If the matter is contested, litigation expenses such as deposition and motion costs will increase the overall expense of the proceeding. Understanding anticipated fees and administrative costs helps trustees plan and communicate with beneficiaries about the expected timeline and expenses. In many cases, these administrative costs are paid from the trust or estate assets being administered, subject to applicable law and the trustee’s fiduciary obligations to act in the beneficiaries’ best interests.
To reduce the likelihood of needing a Heggstad petition later, take steps now to ensure assets are properly titled in the trust while you are able to make those changes. Maintain an updated list of accounts and property, review beneficiary designations on retirement plans and life insurance, record deeds when appropriate, and keep certifications of trust available to facilitate institutional acceptance. Regularly reviewing estate documents and asset registrations prevents many title discrepancies that give rise to post-death petitions. Working with counsel to prepare and periodically review a comprehensive estate plan that includes revocable living trusts, pour-over wills, powers of attorney, and health care directives can help ensure that assets transfer according to your wishes. Clear documentation of intent and timely retitling of assets are the best preventive measures against the need for later court interventions.
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