Probate Attorneys Serving Southern California
Recovery of Property under Probate Code § 850 (Heggstad Petitions)
Spanish Speaking Staff & Attorneys AvailableIn 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.
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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.
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