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The Heggstad Petition is unique in that it allows assets to be included in your trust after your death. It is also a recommended way to avoid probate. The Orange County estate planning lawyers at the Citadel of Corporation have more than two decades of experience establishing and managing trusts to meet defined objectives. If you have questions about how you can avoid probate, consult with an Orange County Heggstad Petition Attorney at our law firm.
Establishing a trust and transferring assets that they own into a trust helps avoid a major headache- a lengthy probate process. When you transfer your personal assets into your trust, you ensure that the assets of the trust are not subject to probate. That means that upon your death, your family members or your beneficiaries can immediately access the assets without any lengthy delays, and without probate.
However, in those cases, in which a person has failed to transfer a large asset into the trust during his lifetime, his family may continue to face lengthy delays in probate proceedings while they wait to access that particular asset. In such cases, you can use a Heggstad Petition to avoid the expense of probate proceedings. If you have included that particular asset in a schedule A that is attached your trust, you can simply use the Heggstad Petition and avoid probate proceedings.
Simply put, you can file a Heggstad Petition to obtain a court judgment that clearly states that the asset of the deceased person is the property of the trust, because he intended to transfer the asset to the trust. The asset must be included in a property schedule for the petition to be successful.
If the court decides to grant the petition, it will pass an order stating that the asset is the property of the trust.
To file a Heggstad Petition, consult with an estate planning lawyer at our law firm. Also call to discuss any alternatives to avoid the probate process with a lawyer at the Citadel Law Corporation. Our attorneys understand that the probate process is not only complicated, but also an emotionally stressful time for beneficiaries. We will respond to your calls on time, and will frequently update you with all developments in your case.
Call 949-852-8181 to schedule an appointment with an Orange County Heggstad Petition Attorney at our firm.
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