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Opposing a Heggstad Petition in California

Opposing a Heggstad Petition in California and some possible grounds to support that opposition is the topic of this blog post. The author recently worked on a case where an opposition was filed to a Heggstad Petition (Petition) so this blog post will discuss some of the objections to the Petition that were stated.

The objections in support of the opposition were:

1. The Petition was barred by the Statute of Frauds contained in California Civil Code § 1624 as any agreement could not be performed within one year and the agreement involved an interest in real property, but no note or memorandum regarding the agreement exists.

2. The Petition was barred by the conclusive presumption of fraud contained in subdivision c of California Probate Code § 21380 which rendered the Trust null and void ab initio. The second objection also alleged the rebuttable presumption of fraud contained in paragraphs 1 through 5 of California Probate Code § 21380(a) which rendered the Trust null and void ab initio.

3. The Petition was barred by the fact that the Trust was procured by the use of fraud which rendered the Trust null and void ab initio.

4. The Petition was barred by the fact that the Trust was procured by the use of undue influence which rendered the Trust null and void ab initio.

5. The Petition was barred by the doctrine of estoppel as the Petitioner was barred by the doctrine of estoppel from claiming any interest in any real or personal property pursuant to the Trust due to their fraudulent acts.

6. The Petition was barred by the fact that the Trust failed as a trust instrument to create any irrevocable right or claim to any property real or personal.

Depending on the facts of a particular situation other objections could also be stated to support an opposition to a Heggstad Petition. Note that any objections should be in writing and the objection should be filed and served on all interested parties as soon as possible, although some Judges may allow an appearance to be made at the hearing to request a continuance to allow ample time to prepare objections to the Petition. Reviewing the local rules may be helpful, as would contacting the Courtroom clerk where the hearing will be held.

Attorneys or parties in California who would like to view a sample objection to a Heggstad Petition sold by the author 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 legal newsletter by visiting the following link: http://www.legaldocspro.net/newsletter.htm

Copyright 2013 Stan Burman. All rights reserved.

DISCLAIMER:

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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