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History Heggstad petitions are named after the California court case, Estate of Heggstad. Mr. Heggstad created a living trust and identified the assets he wanted in the trust by filling out a schedule of assets attached to his trust. Unfortunately, Mr. Heggstad died before he could retitle those assets into the name of his trust. Wanting to avoid a full probate…
When completing any estate planning, including a trust, will, power of attorney, or health care directive, the person signing the documents must have what is called “capacity” in order to sign the documents. There are two kinds of capacity in estate planning: testamentary capacity and contractual capacity. Testamentary capacity is a lower form of capacity and is required by a…