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Articles Posted in family trust

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What is the proper venue for a trust (Probate Code section 17005)?

Anytime a litigant wants to file a lawsuit, a threshold question is where the lawsuit should be filed. Specifically, the question is what county should get to hear the action. This process is called determining “venue,” and it can become quite a complicated endeavor. This is because the “correct” county…

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What is a disclaimer of interest (Probate Code § 278)? 

When a loved one passes away, probate proceedings are hopefully not the first thing on their relatives’ minds. Probate is, however, an inevitability, even when a trust is present and effective. But inheritance is not always the blessing that the public conscious imagines it to be. The simple truth is…

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What is a Heggstad petition (Estate of Heggstad (1993) 16 Cal.App.4th 943)? 

A Heggstad petition is a unique legal maneuver in probate court that a party can use to establish the existence of a trust. Normally, if a party wants to show that the property at issue is in a family trust, they have to produce evidence of a transfer of the…

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