Heggstad Petition - Is a Pour Over Will Enough to Declare Asset as Part of Trust?

​A pour-over will alone is typically not enough to file a Heggstad petition. A Heggstad petition is used in California to confirm that an asset not included in a trust should be considered part of that trust. To support such a petition, you usually need more than just a pour-over will.

A pour-over will is a legal document that works in conjunction with a trust. It directs that any assets not already in the trust at the time of the person's death should "pour over" into the trust. However, for a Heggstad petition, there must be evidence that the asset was intended to be in the trust at the time of the person's passing.

To file a successful Heggstad petition, you may need additional evidence such as:

1. **Documentation:** Any documents or statements showing the deceased person's intent to include the asset in the trust.
2. **Trust Language:** If the trust language clearly identifies the asset or indicates an intent to include similar assets, it can support the petition.
3. **Communication:** Any written or recorded communications where the person discussed or expressed their intent to include the asset in the trust.
4. **Witness Testimony:** Testimony from witnesses who can attest to the deceased person's intent regarding the asset and the trust.
5. **Previous Transfers:** Any previous transfers or actions that demonstrate an intent to include the asset in the trust.

Consulting with an estate planning attorney or a legal professional familiar with California probate and trust laws would be beneficial if you are considering filing a Heggstad petition or dealing with trust-related matters. They can review the specifics of your situation and guide you on the necessary steps and evidence required for such a petition.