A Heggstad Petition can help transfer the forgotten or overlooked properties to trust after death in the first place. The petition can definitely help but you are not supposed to go it alone. Many people are not sure about what a Heggstad Petition is and how it can work for them, and that’s why they have to go through the typical probate process.
Why use the Heggstad petition in California?
Especially in California, you can bypass the probate by taking advantage of the Heggstad Petition. The fact of the matter is that the property can be transferred to trust after death as a result of the petition filed by the legal receiver or beneficiary. A good probate lawyer can help you do so since it is their professional job.
Going it alone may put you in another difficulty, so it is always better to be safe than sorry. However, it is only a qualified probate lawyer who can help you transfer the forgotten or the overlooked asset to the trust after the death of the trust creator.
The creator of trust was a human being, so it is normal for them to forget some things to include in the living trust when they were creating it in your favor. However, the law gives you a chance to have the assets transferred to the trust even the creator has died excluding that particular asset or property.
In many cases, the property owners overlook a particular part of the property unintentionally, which can be transferred to the trust even after their death. So, you are not the only beneficiary who is faced with the creator who failed or forgot to transfer certain property to the trust.
If it has happened to you, you cannot receive that property as a beneficiary subject to the condition that the property goes through probate. So, if you want to avoid going through probate, you have the right to file a Heggstad petition instead, not alone but working with a reputable probate lawyer.