Legal Question in Wills and Trusts in California

Change IRA beneficiary- Dads IRA only had mother as beneficiary. She died first. IRA was not in living trust. How can we ask a judge to make trust the beneficiary so we don't have to probate IRA?

Asked on 2/09/10, 6:43 pm

2 Answers from Attorneys

Kai Wessels, Esq. Wessels Law Firm

Though not certain to be successful, you may try a Heggstadt Petition. If you need further assistance, please do not hesitate to contact me.


Kai H. Wessels, Esq.

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Answered on 2/14/10, 7:48 pm

Donald Field Donald L. Field, Jr., Attorney at Law

Assuming that your father had a pourover will, if the probate assets add to up to more than $100,000, a probate is required. If the amount does not exceed $100,000, the assets can be transferred to the trust by using a declaration as authorized by California Probate Code section 13100. A Heggstadt petition will normally only be granted if there is evidence that the asset was intended to be transferrred to the trust, such as being included in the schedule of trust assets in the trust agreement.

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Answered on 2/15/10, 7:36 am

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