When someone creates a trust, their goal is clear: to ensure that their assets are protected, efficiently administered, and distributed according to their wishes. But what happens when an asset—most commonly real estate—is mistakenly left out of the trust? Fortunately, California law offers a solution: the Heggstad Petition.
At Talbot Law Group, P.C., we specialize in trust and estate litigation, and we’ve helped countless trustees throughout California recover assets intended for a trust using Heggstad Petitions. Whether it’s a property unintentionally left out or a title issue disrupting administration, we know how to navigate the court system to get results.
What Is a Heggstad Petition?
A Heggstad Petition, named after the landmark case Estate of Heggstad (1993) 16 Cal.App.4th 943, is a legal tool that allows a trustee to confirm that an asset belongs to the trust—even if title was never formally transferred. Under California Probate Code § 850(a)(3)(B), trustees can petition the probate court to recognize assets as part of the trust when there’s clear evidence the settlor intended that result.
This petition can be essential when real property is mistakenly left out of a trust or removed for temporary reasons—such as refinancing or reverse mortgages—and never re-titled before the settlor’s passing.
Real Results: How Talbot Law Group Helped Trustees Protect Trust Assets
✅ Case Study 1: Reinstating a Home into the Trust after a Reverse Mortgage
Location: Contra Costa County
Year: 2021
Our client, a successor trustee, discovered that a family home had been removed from the trust years earlier to obtain a reverse mortgage—but was never deeded back. Although the home was clearly listed in the original trust schedule, the missing title created major complications after the settlor passed.
We filed a Heggstad Petition demonstrating the settlors’ original intent to include the property. The court granted the petition, restoring the home to the trust and allowing our client to refinance and administer the property for the benefit of the beneficiaries.
✅ Case Study 2: Emergency Petition to Clear Title and Close Escrow
Location: San Mateo County
Year: 2024
In another case, a trustee was selling a residential duplex when a title search revealed that 24% of the property was still technically in the name of a deceased relative. The decedent had sold the interest to the trustee years earlier, but the deed was never recorded.
To avoid losing the sale, we filed an ex parte (emergency) Heggstad Petition, backed by proof of payment and the decedent’s intent. The court approved the petition quickly, clearing title and allowing escrow to close without delay.
Why Heggstad Petitions Matter
These real-life examples highlight a common issue in trust administration: assets are often unintentionally excluded from trusts due to oversight or strategic financial decisions. But when this happens, trustees don’t have to panic. A properly filed Heggstad Petition can resolve title issues without the need for a lengthy probate process.
At Talbot Law Group, we have extensive experience filing Heggstad Petitions in probate courts across California. Our team knows how to present compelling evidence, work within court timelines, and help trustees navigate these complex legal situations with confidence.
Need Help with a Trust Title Issue?
If you’re a trustee or beneficiary facing uncertainty over whether an asset belongs in a trust, we’re here to help. Contact Talbot Law Group, P.C. today to schedule a consultation and learn how a Heggstad Petition may protect the trust and its beneficiaries.
📞 (925) 322-1795 | 📧 consults@talbotlawpc.com | 🌐 www.talbotlawpc.com