what is a heggstad petition?

A Heggstad petition, also known as an 850 petition, is a legal tool used in California to transfer assets into a trust that were not previously included in the trust. The petition is named after the case In re Heggstad, which was decided by the California Court of Appeal in 1993.

In the Heggstad case, the decedent had created a trust but failed to transfer one of his assets, a piece of real estate, into the trust. After the decedent’s death, the trustee of the trust petitioned the court to include the real estate in the trust, arguing that the decedent had intended to include it but had simply forgotten to do so.

The court ultimately agreed with the trustee and allowed the real estate to be included in the trust through a Heggstad petition. Since then, Heggstad petitions have become a common tool for transferring assets into trusts that were not properly included at the time the trust was created.

To file a Heggstad petition, the trustee of the trust must demonstrate that the decedent had intended to include the asset in the trust but simply failed to do so. This can be done by providing evidence such as the decedent’s estate plan, correspondence, or other documents that show the decedent’s intent.

It’s worth noting that Heggstad petitions are not always successful. The court will consider a number of factors, including the value of the asset, the decedent’s intent, and the circumstances surrounding the failure to include the asset in the trust. If the court determines that the decedent did not intend for the asset to be included in the trust, the Heggstad petition will be denied.

If you are a trustee and need to file a Heggstad petition, it’s important to work with an experienced attorney who can help you navigate the process. An attorney can help you gather the necessary evidence and present a compelling case to the court.

In conclusion, a Heggstad petition is a useful tool for transferring assets into a trust that were not properly included at the time the trust was created. While these petitions are not always successful, they can be an effective way to ensure that all of the decedent’s assets are properly distributed according to their wishes. If you need to file a Heggstad petition, it’s important to work with an experienced attorney to ensure that your case is as strong as possible.