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Opposition to a Heggstad Petition in California

by Stan Burman

Opposition to a Heggstad Petition in California.

An opposition to a Heggstad Petition in California is the topic of this blog post. 

This post will discuss some possible grounds for filing an opposition to a Heggstad Petition in California.  

If you have been served with a Heggstad Petition (Petition) you should carefully review the Petition and all supporting documents and exhibits to determine what grounds exist for an opposition.

Deadline to file opposition to a Heggstad Petition in California.

Any opposition to a Heggstad Petition in California should be served and filed at least nine (9) court days before the hearing unless the court has ordered otherwise. The opposition should be served by personal service or overnight mail under the provisions of Code of Civil Procedure section 1005.

Grounds for opposition to a Heggstad Petition in California.

Several years ago I worked on a case where an opposition was filed to a Petition so this blog post will discuss some of the objections that I included in the opposition.

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.

3. The Petition was barred by 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 in California. 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 would be helpful, as would contacting the Courtroom clerk where the hearing will be held.

Sample opposition to a Heggstad Petition in California for sale.

Attorneys or parties in California who would like to view a portion of a sample opposition to a Heggstad Petition in California sold by the author can see below.

Sample Opposition to Heggstad Petition for California by Stan Burman on Scribd

 

Over 300 sample legal documents for California and Federal litigation for sale.

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The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

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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.

The 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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