Archives for posts tagged ‘probate’

Post death funding of trust with a “Heggstad Petition” in probate court

In the Estate of Heggstad (1993) 16 Cal.App.4th 943, 20 Cal.Rptr.2d 433, the court determined a written declaration of trust by an owner of real property was sufficient to create a trust. The Heggstad court did not require a separate deed transferring the property to the trust.  So a trust may be funded after the […]

Post death funding of trust with “850 Petition” in probate court

An 850 petition is filed pursuant to California Probate Code Section 850 by the Trustee who has a claim to real or personal property, title to or possession of which is held by another. The “another” is usually a bank or banks with accounts in excess of $150,000. Otherwise a Section 13100 declaration would be […]

Key Steps for Probate

1. Hearing date of Petition for Probate   2. Obtain and file original will with County Clerk   3. Obtain Taxpayer ID number and file SS–4 and form 56   4. Estate’s fiscal year end date    5. Preliminary Change of Ownership forms sent to County Assessor   6. Inventory and Appraisal due date   7. Last Day of Creditors Claim […]

Intentional Interference with Expected Inheritance

Summary of Case: Same-sex, California couple are not married or registered as domestic partners. As a result neither partner has intestacy rights to inheritance from the other partner. One partner is dying and wants to prepare a Will to provide for his partner. His sister lies and connives to delay any estate planning by her […]

Ancillary Administration for California Real Estate Property

Ancillary administration is needed when someone living in another state dies and has assets in California.  Generally, unless the Probate Code provides otherwise, ancillary administration of a decedent’s estate is subject to all other provisions of the Probate Code concerning the administration of a decedent’s estate. Proper Venue (California Probate Code Section 7052) If a […]