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After Halvard died on October 20, 1990, Glen became the successor trustee and petition the probate court in San Mateo for disposition of the Menlo Park Property, claiming the language in the trust allows the creation of a separate trust and the property was not part of his father's estate. Nancy objected and appealed the decision claiming the property not transferred to the trust by a properly executed document or by operation of law and that the trustee had a conflict of interest as a beneficiary of the trust. The appeals court determined that written a declaration of trust by the decedent was sufficient to create a trust and a separate deed transferring the property to the trust was not required. A written declaration of trust by the owner of real property is sufficient to create a trust in that property.
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California Probate Code 850, also known as a Heggstad petition is a judicial proceeding used to remedy property that was not properly transferred into the trust where the title did not reflect the trust ownership upon death or incapacitation of the trustee. The Heggstad petition requires the court to be petitioned by the successor trustee.
== References ==
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