How To Prove A California Heggstad Petition Claim

In California, a claim of Heggstad Petition is defined as:
The “Heggstad Petition” is a Section 850 petition that requests that a court recognize property as part of a trust even if the property was not properly titled in the name of the trust. If a settlor (the person who creates a trust) intends to place an asset into a trust but fails to formally transfer the asset into the trust’s name before their death, the court may still find that the asset should be considered part of the trust based on evidence of the settlor’s intent.
It simply means:
An expedited court hearing to transfer property of someone who has passed away.
There are 3 elements of the claim:
- Element 1. There is evidence that the decedent intended to transfer the property to the trust. This can be established through the decedent’s written or oral statements, correspondence, witnesses, or other forms of evidence that indicate their intention. To support a Heggstad Petition, there must be proof that the deceased person wanted to give their property to the trust, which can be shown through their written or spoken words, letters, witnesses, or other evidence reflecting their intentions.
Facts that might support this element look like:
* The decedent explicitly stated in a letter to family members that they wished to transfer their property to the trust for the benefit of their heirs.
* Witnesses testified that the decedent frequently discussed their desire to include the property in the trust during family gatherings.
* The decedent’s estate planning documents included notes indicating their intention to transfer the property to the trust prior to their passing.
* Correspondence between the decedent and their attorney outlined the steps to transfer the property into the trust, demonstrating a clear intent.
* The decedent verbally confirmed their intention to transfer the property to the trust during a meeting with their financial advisor. - Element 2. The property has a clear description, including its location and identifying information. A Heggstad Petition Claim requires a clear description of the property, including where it is located and any identifying details, to establish ownership and ensure that the property is properly included in a trust or estate.
Facts that might support this element look like:
* The property in question is located at 123 Main Street, Anytown, CA, and is identified by APN 123-456-789.
* The legal description of the property is recorded in the county assessor’s office as Lot 5, Block 2 of the Anytown Subdivision.
* The property is a single-family residence with a clear title, as evidenced by the recorded deed dated January 1, 2020.
* The property has been consistently maintained and is easily identifiable by its unique architectural features and landscaping.
* All relevant documents, including the trust agreement and property tax records, clearly reference the property’s location and identifying information. - Element 3. There are trust document terms and provisions that demonstrate that the property should have been part of the trust’s assets. A Heggstad Petition Claim shows that certain property should belong to a trust by highlighting specific terms in the trust documents that clearly indicate the property was intended to be included as part of the trust’s assets.
Facts that might support this element look like:
* The trust document explicitly states that all real and personal property acquired by the grantor during their lifetime is to be included as trust assets.
* The trust provisions outline that any property titled in the grantor’s name at the time of their death should automatically transfer to the trust.
* The trust includes a schedule of assets that lists the property in question as intended to be part of the trust estate.
* The grantor’s intent to include the property in the trust is evidenced by handwritten notes found alongside the trust document.
* The trust document contains a clause indicating that any property not formally transferred to the trust should still be considered part of the trust assets.
(See Estate of Heggstad (1993) 16 Cal.App.4th 943. In Re Estate of Mallen, Cal: Court of Appeal, 1st Appellate Dist., 1st Div. 2021. California Probate Code Section 850(a)(3)(B).)
If you’re in court without a lawyer and plan to assert a Claim of Heggstad Petition, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Our resources can help you navigate this complex process effectively.
Prove Your CA Heggstad Petition Claim
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