Q: Does 850 Heggstand Petition have jurisdiction over my father transferring property completely to me his son?
This property was transferred to me by my father June 21, 2017. My father passed November 15, 2017. I recorded the document in March 2024, these two other individuals are claiming to be my sister. DNA proves that they are not, then filed an 850 petition to bring the property over to probate
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A:
The 850 Heggstad petition allows a court to determine whether certain assets are part of a trust, even if they weren’t properly transferred into the trust before the owner passed away. However, in your case, it seems the property was transferred to you by your father before his death. The fact that the property was transferred in 2017 and you recorded it in 2024 should still be considered.
If you have a valid deed showing the transfer of ownership, this can be crucial evidence. The claims from others regarding their relationship to your father could complicate matters, but if DNA evidence proves they are not related, their claims may be weakened.
It's important to respond to their 850 petition in court and present your documentation of the transfer. The court will review all the evidence to determine whether the property belongs in probate. Make sure to act promptly and seek proper legal advice to protect your rights.
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