Probate Court Issues

Several of the Probate Courts in the State of California make it difficult to get Heggstad or trust modification relief easily or quickly:

• Some courts appear to impose local rules and requirements that exceed the plain language of Probate Code Sections 850, 15403 and/or 15409;

• Some courts may limit the number of ex parte petitions considered in a month;

• Some courts may even eliminate the ability to bring a Heggstad or trust modification petition on an ex parte basis, requiring noticed hearings instead

Even where a local Probate Court is receptive to Heggstad or trust modification petitions, noticed hearing dates may take several months to be heard on the court’s calendar.  Lost time can lead to lost opportunities and/or lost properties.

A hot real estate market may cool off in the time it takes to obtain Heggstad relief.  A property in foreclosure might be foreclosed before a trustee can get control over the property in order to sell it or pursue other remedies.  Opportunities to sell and diversify stock portfolios may be lost, and beneficiaries may be denied access to the funds they need for living expenses, housing, business and investment opportunities, etc.

The inability to modify an irrevocable trust may lead to increased income taxation in the future, or unnecessary ongoing administrative expenses for a family.