HEGGSTAD PETITION

If you have created a trust and it can be shown that you intended to fund the trust yet failed to do so prior to death, it may be possible to avoid probate. The court may allow probate to be avoided if (a) the trust includes a list of the specific assets and has language that constitutes a conveyance, (b) the settlor signs an agreement stating that they are assigning all assets to the trust, (c) the property was once held in a trust but was transferred back into the individuals name due to refinancing and was never transferred back to the trust. The INTENT to fund the trust must be established in a petition filed with the court asking that all assets be declared as trust assets.