Sample Opposition to Heggstad Petition for California

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This sample opposition to a Heggstad Petition for California  is verified and is used to object to the Petition on the grounds that the Trust was procured through fraud. The opposition contains several affirmative defenses including the conclusive and rebuttable presumptions of fraud contained in Probate Code section 21380, the Statute of Frauds contained in Civil Code section 1624 and more. The sample also contains a verification and a proof of service by mail.

The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.