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General assignment of personal property into a California Revocable Living Trust

A general assignment of personal property into a California Revocable Living Trust is the topic of this blog post.  Using a general assignment of personal property is a common procedure for most legal professionals in California who work with living trusts.  The use of a general assignment of personal property allows a Heggstad petition to be used to capture any later acquired items not titled in the name of the trust as described in a major California legal treatise. See Drafting California Revocable Trusts Cont. Ed. Bar 4th ed. Sept.2010 update, § 21.5 at p. 837.

This is due to the fact that unlike a transfer of real property, a general assignment of personal property is sufficient to transfer all personal property of a Grantor into a revocable living Trust.

In one recent case from a California Court of Appeal , the Court of Appeal stated that the probate court erred by not ruling that the General Assignment was effective to transfer shares of stock into a Trust even though the shares were not identified. The Court stated at one point that,  “There is no California authority invalidating a transfer of shares of stock to a trust because a general assignment of personal property did not identify the shares. Nor should there be.” See Kucker v. Kucker (2011) 192 Cal.App.4th 90, 93-95.

Attorneys or parties in California who wish to view a FREE sample general assignment of personal property into a California Revocable Living Trust can see below.

 

Attorneys or parties in California who wish to view a sample Heggstad petition for California that mentions a general assignment of personal property into a Trust can see below.

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

If you enjoy this blog post, tell others about it. They can subscribe to the author’s weekly California and Federal legal newsletter by visiting the following link: http://www.legaldocspro.net/newsletter.htm

To view over 300 sample legal documents for use in California and Federal Courts sold by the author of this blog post visit View over 300 sample legal documents for sale

Copyright 2013 Stan Burman. All rights reserved.

<strong>DISCLAIMER:</strong>

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

These materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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