It is surprisingly common for certain assets to be accidentally omitted from a trust during the estate planning process. This can happen for a variety of reasons. For example, new property may be purchased after the trust is created, title changes might not be completed correctly, or an account may never have been formally transferred into the trust’s name in the first place.
While the situation is common, resolving it can be legally complex, and failing to address the issue altogether can lead to delays, increased costs, or even disputes among beneficiaries. Fortunately, at Jones Legal, attorney Jennifer Jones regularly assists families in identifying omitted assets, filing the necessary court petitions, and completing the necessary legal steps to bring those assets under the trust’s protection.
To speak with an experienced Southern California probate attorney on our team regarding your case, please call (951) 742-7213 or reach out online to get in touch today.
What Happens to Property Not in a Trust After Death?
When a person passes away and property is not included in their trust, that property becomes part of the person’s estate and must go through probate under California law. During the probate process, the court oversees the transfer of ownership, ensures debts and taxes are paid, and authorizes the distribution of assets to heirs or beneficiaries. If the deceased did not have a valid will, the estate proceeds through intestate succession, where state law determines who inherits the property based on family relationships.
Because probate is a public process, all filings and estate details are available to the public, and court fees and administrative expenses can diminish the estate’s value. These drawbacks (along with delays, paperwork, and court oversight) are key reasons many people establish trusts in the first place. As such, when an asset is unintentionally left out of a trust, it can make things all the more frustrating, as it undermines the very goal of avoiding probate complications.
Can Assets Be Added to a Trust After Death?
In most cases, assets cannot be added to a trust after the trust creator (also known as the grantor or settlor) has passed away. Once they die, the trust becomes irrevocable, meaning its terms and contents are generally fixed. However, there are limited exceptions under California law.
For example, a pour-over will can direct assets owned outside the trust to be transferred into it after death through the probate process. Similarly, certain beneficiary designations, such as life insurance policies or retirement accounts naming the trust as the beneficiary, may also allow property to pass into the trust.
When Assets are Inadvertently Omitted From a Trust in California
Sometimes, an asset such as a home, investment account, or bank account is never properly titled in the name of the trust, even though the trust creator intended to include it. This can happen when a person signs a trust document but forgets to transfer ownership, when a financial institution fails to update account records, or when newly acquired property is never added to the trust.
When assets are not properly titled, they remain outside the trust at the time of death. This omission can complicate estate administration and disrupt the efficiency and privacy that a trust is meant to provide.
In some cases, however, California provides a solution through a Heggstad Petition. This legal tool allows a successor trustee to request that the court confirm certain assets as part of the trust, even if they were not formally transferred before death.
What is a Heggstad Petition?
Under California Probate Code §850, a Heggstad petition is a legal filing that allows a trustee or interested party to ask the probate court to confirm that a particular asset belongs to a trust, even if formal title transfer paperwork was never completed, as long as the trust document clearly shows the decedent’s intent to include it.
The primary purpose of a Heggstad petition is to request that the court recognize an asset (i.e., real estate, a bank account, or an investment account) that was mistakenly omitted or improperly titled as part of the trust. When granted, the court’s order allows the asset to be administered under the terms of the trust rather than through the time-consuming and costly process of probate, helping to honor the decedent’s wishes and streamline estate administration for loved ones.
When a Heggstad Petition May Be Appropriate
A Heggstad petition may be appropriate in several situations involving personal property or financial assets that were intended to be part of a trust but were never properly transferred. Common scenarios involving this legal framework include:
- Real estate titled solely in the decedent’s name, even though the trust document lists it as a trust asset.
- Bank or investment accounts that were meant to be included in the trust but were never retitled or updated with the trust as the owner.
- Personal property, such as valuable artwork, vehicles, or jewelry, specifically referenced in the trust but not formally transferred before death.
- Business interests or partnership shares that the decedent intended to hold through the trust but failed to assign correctly.
- Newly acquired financial assets purchased after the trust’s creation and never added to it.
How an Experienced California Probate Attorney Can Help
A California probate attorney like Jennifer Jones at Jones Legal can provide critical guidance in cases involving missing or improperly titled trust assets. By ensuring that a trust is properly funded and that all property is correctly titled as part of the estate planning process, your attorney can help prevent complications that could lead to delays or family disputes after death.
When problems do arise, such as the need to file a Heggstad petition, your probate lawyer can manage the legal process, prepare the necessary filings, and present evidence to the court showing the decedent’s intent. This professional legal assistance not only simplifies transferring assets into the trust but also helps minimize potential legal fees and administrative costs, allowing families to preserve more of the estate’s value and avoid unnecessary conflict during what is already an emotional time.
Why Work With Jennifer Jones for Heggstad Petitions & Other Probate-Related Matters in Southern California?
Attorney Jennifer Jones brings extensive experience handling Heggstad petitions and complex probate issues throughout Southern California. She provides clients with a thorough review of trust and estate documents to identify the most effective legal solutions, whether that involves correcting title errors, resolving disputes, or ensuring assets are properly transferred.
Jennifer’s approach combines deep legal knowledge with a compassionate understanding of how emotionally challenging these matters can be. Her goal is to make the process as efficient and stress-free as possible, helping families navigate California’s probate system, avoid unnecessary delays, and resolve estate concerns with clarity and confidence.
For Help With a Heggstad Petition in California, Call Jones Legal Today
If you have discovered that a loved one’s assets were never properly transferred into their trust, or if you are unsure how to handle property that falls outside of it, Jennifer Jones at Jones Legal can help. With extensive experience in California probate law and Heggstad petitions, she provides the knowledge and guidance needed to resolve complex estate matters efficiently and effectively.
Do not let overwhelming paperwork or legal confusion stand in the way of your family’s peace of mind. Call (951) 742-7213 or complete our online intake form today to discuss your situation and take the next step toward a smooth and effective resolution.