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living trust trustee

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5826549

Junior Member
What is the name of your state?What is the name of your state? CA
Hello.
My father recently passed away and I am successor trustee to his estate. I just found out that three different stocks which are listed among his assets on his trust paper work, were still jointly owned with my deceased mother. The company that put together the trust with my father claimed that they had reminded him to change the way these stocks were held (put them in the trust officially), but that apparently he had never done it. They tell me it was his responsibility not theirs. I am wondering is that true, do they have no responsibity to see that the trust was set up right?
Now, the situation seems to be that although the rest of his estate is included in his trust and will not have to go thru probate, the three stocks will have to go through probate. Could you tell me is there a maximum dollar amount that does not have to go through probate in a situation like this? Thank you.
 


Dandy Don

Senior Member
So who was the first trustee of your father's trust--was it himself or someone else? Yes, it was his responsibility or the trustee's responsibility to get this done and too bad that he didn't do it.

Now it is possible that the ownership of the stock passes directly to his wife (and you need to inform her about this), and probate may not even be needed with this.

DANDY DON IN OKLAHOMA ([email protected])
 
Heggstad Petition

This is not a big deal. You will need to file a Heggstad petition, California Probate Code section 17200. You will not need to go through Probate; however, you will have to file a petition, pay the filing fee and petition the court to place these stocks in the trust. Easiest way to do this: Hire an attorney. This is not a big deal and shouldn't cost much more than $1,000, IMO.
 

carlanderson2

Junior Member
Heggstad Petition

>This is not a big deal. You will need to file a >Heggstad petition, California Probate Code section >17200. You will not need to go through Probate; >however, you will have to file a petition, pay the >filing fee and petition the court to place these >stocks in the trust. Easiest way to do this: Hire an >attorney. This is not a big deal and shouldn't cost >much more than $1,000, IMO.


Hi,

I'm in California. Can you direct me to any attorneys that can file a Heggstad Petition for $1000 or less?
 

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