When a person dies, the decedent’s loved ones must deal with the decedent’s property. The first question the decedent’s family members need to ask is: did the decedent have an estate plan in the form of a Will or a Trust?

If the decedent did have an estate plan, the terms of the Will or

Here’s a situation we see often: Sally dutifully creates a California Trust, and at the same time signs a “general property assignment” to the Trust, which states in effect, “I, Sally, hereby assign, transfer and convey to myself as trustee of my trust, all my right, title and interest in all property owned by me

Probate Code Section 850 allows a procedure for litigants to seek the transfer of property into or out of a trust or estate.  It is an often-used vehicle in Trust and Estate litigation, but not often understood.

In its simplest form, a typical “850 Petition” is used to transfer real property into a revocable trust