The Heggstad Petition — Probate in California

The Heggstad petition is an important document related to California trusts and probate. A Heggstad petition is used when there is a real property or asset that is excluded from a deceased person’s Living Trust. This happens when the title of a real property or other asset is not legally or formally transferred to the Living Trust. A trustee or...

What Is Reformation of a Will or Trust?

The reformation of a will or trust is the process of either drafting a new will or amending a trust to ensure it aligns with the creator's interests. A party seeking reformation of a will or trust must provide clear and convincing evidence that an inaccuracy or ambiguity exists contrary to the will maker’s intent, thus demanding clarification. The legal...

Undue Influence in the Making of a Will

Undue influence occurs when one person is pressured into doing something that they may not voluntarily want to do. In terms of making a will, undue influence is when a party attempts to gain control over someone else to interfere with the distribution of their assets and property. Who Is Most Susceptible to Undue Influence? Sadly, elderly individuals are frequently...

Can the Creditors of a Trust Beneficiary Reach Trust Assets?

One of the most popular tools that people utilize to protect their assets is putting them into a trust for a beneficiary. People create trusts for their beneficiaries for many different reasons, but one important reason is to provide protection and limit the access that creditors have to their assets. When creating a trust, many people wonder whether a creditor...

When is the Right Time to Create a Living Trust?

Living trusts are important estate planning document because they allow you to transfer property efficiently, without having to worry about probate. If you are thinking about drafting one of these documents, it is important to consider the ideal time to get started. For instance, when deciding whether to start drafting a living trust, you should think about both your age...

What Is an AB Trust for Married Couples?

When a couple gets married, they should remember that they can draft a specific trust to minimize their estate taxes. An AB trust, also known as a credit shelter trust, involves creating two separate documents after one spouse passes away. First, the portion of property owned by the spouse who passed is put into the bypass trust (B). This arrangement...
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Amity Law Group, LLP

Amity Law Group, LLP