Was property left out of your loved one’s trust?
A home still titled in a loved one’s name can leave you unsure what comes next. A full probate may not be the only option.
Attorney David Calkins can review the trust and ownership records to determine whether a Heggstad petition may be appropriate.
Request a Free Phone ConsultationOr call 818.392.8222Work directly with David · Serving Southern California
A possible path forward
A Heggstad petition asks the court to confirm that property belongs to a trust even though a separate transfer was not completed. The written trust documents and ownership history matter. Having a trust, by itself, does not mean a petition will succeed.
If the documents support relief and the court grants the petition, the property may be administered through the trust rather than a full probate for that asset.
When to ask about a petition
- A loved one died with a trust, but the home remains in their individual name.
- The trust or its schedules identify property that was never properly retitled.
- A title company, bank, or other institution requires a court order before recognizing an asset as trust property.
These situations call for a document review. The appropriate procedure depends on the asset and the available written evidence.
What makes our approach personal
You speak with the attorney evaluating your matter. David’s work in estate planning, probate, and trust administration helps connect the documents to the practical steps needed to administer an estate.
We discuss whether the petition fits, the scope of representation, and the anticipated fees before you decide to proceed.
What to have available
- The signed trust, amendments, schedules, and any assignments
- The current deed or account ownership records
- The death certificate, if available
- Any correspondence identifying the title or transfer problem
You can start with a phone conversation even if you do not yet have every document. Please wait for instructions before sending sensitive records.
Initial conversation → Document review and fee proposal → Petition and court process, if appropriate
We handle uncontested petitions only. Our services do not include litigation, trust contests, competing ownership claims, or other disputed matters.
A few common questions
Does every asset left out of a trust qualify?
No. The trust documents, the nature of the asset, and the ownership history determine whether this or another procedure may be appropriate.
Can I simply sign a deed after the owner has died?
A successor trustee’s appointment does not automatically resolve title to property held outside the trust. We review the records to determine what authority or court order is needed.
How much will it cost, and how long will it take?
We provide a fee proposal after reviewing the matter. Timing depends on the court’s calendar, notice requirements, and whether additional information is needed. Court approval is not guaranteed.
Let’s understand the title problem.
Start with a free phone consultation with David Calkins.
Request a Free Phone Consultation818.392.8222