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Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

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Home » Probate Code 850 Petition

Probate Code 850 Petition

In California, a special type of probate petition known as a “Probate Code 850 Petition” allows you to transfer property into or out of a trust. Also known as a “Heggstad Petition,” the benefit offered by a 850 Petition lies in the fact that the property in question can ultimately be distributed to the intended beneficiaries without the need to pass through the formal probate process. Because the rules and procedures relating to Probate Code 850 Petitions can be confusing, we encourage you to consult with our experienced probate attorneys at Schomer Law Group if you believe that estate property may qualify for transfer using a 850 Petition.

How Does a Probate Code 850 Petition Work?

Many people choose to use a revocable living trust as their primary estate planning document for the distribution of estate assets upon their death. Among the other benefits to using a trust is the fact that assets held in a trust bypass the probate process, thereby allowing them to be distributed directly to the trust beneficiaries (if the terms of the trust so dictate) after the death of the Settlor (the trust creator). Sometimes, however, property that the Settlor intended to transfer into the trust is overlooked, or otherwise doesn’t make it into the trust prior to the death of the Settlor. California Probate Code 850 was enacted to cure this defect by allowing certain eligible property to be transferred into, or out of, a trust after the decedent’s death.

Who Can File a Probate Code 850 Petition?

The right to file a Probate Code 850 Petition depends on the basis on which the petition is being filed; however, any of the following people may be entitled to file a petition:

  • A guardian or conservator
  • A claimant
  • The personal representative of the estate
  • The trustee of the trust
  • Any “interested person”

When Can a Probate Code 850 Petition Be Filed?

A Probate Code 850 Petition may be an option under any of the following circumstances:

  • Where the decedent while living is bound by a contract in writing to convey real property or to transfer personal property and dies before making the conveyance or transfer and the decedent, if living, could have been compelled to make the conveyance or transfer.
  • Where the decedent while living binds himself or herself or his or her personal representative by a contract in writing to convey real property or to transfer personal property upon or after his or her death and the contract is one which can be specifically enforced.
  • Where the decedent died in possession of, or holding title to, real or personal property, and the property or some interest therein is claimed to belong to another.
  • Where the decedent died having a claim to real or personal property, title to or possession of which is held by another.

Contact the Los Angeles Probate Attorneys at Schomer Law Group Today

A Probate Code 850 Petition can save an estate, as well as the beneficiaries of the estate, both time and money. To find out if estate property qualifies for transfer using a Probate Code §850 Petition, consult with the Los Angeles, California probate attorneys at Schomer Law Group. Our experienced probate team will evaluate your circumstances and advise you on the viability of transferring assets using a 850 Petition as well as assist you with the petition process if the property qualifies. Contact the California office today by calling (310) 337-7696 or by filling out our online contact form.

 

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Testimonials

Client Review
July 29, 2020
    

We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

Frank & Jutta R
Client Review
July 29, 2020
    

Mr. Schomer does an amazing job at explaining all the intricacies of establishing a trust. He and his team help you every step of the way so you always know what to expect and what you are preparing for. Best education you can get and the best gift you can give your family.

Paula M.
Client Review
July 29, 2020
    

We put off getting a trust for years. After attending a seminar with Scott Schomer we realized that the time had come to get a trust. We were given very good reasons for why we should get a trust. No pressure, just the plain facts. We are very relieved and happy to finally get our trust. Scott and Cesar were very knowledgeable, helpful and listened to our ideas of what we had to say. Any questions that we have now and in the future they are available to assist us to solve them. I recommend the Schomer Law Group and I wish we knew about them years ago.

Phillip G.
Client Review
July 29, 2020
    

When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
Both of our parents had attorney’s that “worked” with wills/trusts, but came up short. Fortunately, the Schomer Law Group was there! This is a group of attorney’s that only specialize in estate planning, law, and financial advice, so you know you’re getting expert and personalized advice. This is the best money we’ve ever spent!! Thank you!

Bob L.
Client Review
July 29, 2020
    

We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
They were all very helpful in answering myriad questions and explaining all the various options…

We would strongly recommend the Schomer Law Group to anyone with an estate of even modest means, to assure proper planning…

Bob S.
Client Review
July 29, 2020
    

We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

Robert F.
Client Review
July 29, 2020
    

Very competent & informative – friendly atmosphere – ready to answer the most mundane questions – relaxed.

Joan S.
Client Review
July 29, 2020
    

Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.

Kim

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