850 Petition

Probate Attorneys Serving Southern California

Recovery of Property under Probate Code § 850 (Heggstad Petitions)

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In California, Probate Code § 850 allows a litigant to file a petition, also known as a “Heggstad Petition,” to seek the transfer of property into or out of a trust or estate. A Heggstad 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; or
  • Where the decedent died having a claim to real or personal property, title to or possession of which is held by another.
A Heggstad 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 Heggstad Petition, consult with the probate attorneys at Arcstone Law. Our experienced probate team will evaluate your circumstances and advise you on the viability of recovering assets using a 850 Petition as well as assist you with the petition process if the property qualifies. Contact our office today by calling (855) 219-3333.

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At Arcstone Law, we have a considerable level of experience helping clients in many different situations relating to probate, trust, and estate disputes, and we are fully prepared to help you if your case involves:

All of these issues require a steady legal hand in order to be managed successfully, and at Arcstone Law, we have the experience you need on your side when facing estate, trust, or probate litigation.

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Arcstone Law was established as a Foreclosure Defense Law Firm helping homeowners sue the banks after the mortgage meltdown of 2008. During that time the efforts of our lawyers were recognized and published by the State of California as precedence for other attorneys to rely on. Today our team of lawyers have grown, and our practice areas now include contract law, purchase/sales, quiet title litigation, partition actions, bankruptcy, eviction law, probate, divorce law (where Real Property is at issue) estate planning, business law and personal injury. 

We focus everyday on providing high quality legal representation for our community and we dedicate ourselves to our clients and their cases. Whether you need legal assistance in Eviction Court, Probate Court, Federal Court, Bankruptcy Court or Appellate Court, there is no challenge that our experienced legal team is not ready to assist with. We have won thousands of cases and obtained millions of dollars in judgments and settlements for our clients. Call us today to schedule your consultation with a licensed attorney. 

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