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View Diary: California Law - Unfunded Living Trust (8 comments)

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  •  The easiest way to handle these things is to (6+ / 0-)

    file a Heggstad petition, AFAIK. (I'm not an attorney but I had to deal with a partially unfunded living trust when my brother passed away.) A Heggstad petition asks the court to rule that since the creators of the trust intended to move various properties into the trust but didn't do it -- because they didn't understand or were too sick or something -- those properties should now be ordered into the trust and then the trust is administered as stated in the will.

    Without a Heggstad petition, the estate will likely have to go through probate, which means much larger fees go to the courts and the estate gets divvied up amongst all the next of kin.

    You should talk to a lawyer. A Heggstad petition costs a few thousand dollars but if it works, it's way cheaper than probate.

    I wish more people understood that a living trust has nothing in it if people don't actually move property into it. Sorry you've been left with a mess. But in California, a Heggstad petition can often save the situation.

    Please visit:

    by Noisy Democrat on Mon Mar 11, 2013 at 05:43:35 PM PDT

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