Riverside, CA asked in Banking, Civil Litigation and Probate for California

Q: If a trust lists a bank account, but the account is not titled as a trust account, can the bank give it to the trust?

The account was over the limit for small estates. Titled as single owner no POD. NO Heggstad petition. Does this account remain the property of the estate or can a bank legally give the money to the trust without court approval.?

1 Lawyer Answer
Howard E. Kane
Howard E. Kane
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: The bank will not turn over the funds to the Trust absent a court order. Through a Heggstad petition, you can ask the court to fund the bank account into the trust. Since the trust lists this account, a Heggstad should be granted. Unfortunately, in Alameda County, it takes around 9 months to obtain a court date for a Heggstad petition. Other jurisdictions schedule these hearings sooner. Let me know if you need assistance with this.

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