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How to Update Title Records After a Heggstad Petition

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  • 01-07-2017, 06:03 AM
    lawfacts
    How to Update Title Records After a Heggstad Petition
    A trustee filed a Heggstad petition to include within the trust a home that the trustor forgot to convey into her living trust during her lifetime. The trustee now wants to list the home for sale. What does the trustee need to file with the recorder's office to avoid any title problems when selling the house?
  • 01-07-2017, 08:57 AM
    Mr. Knowitall
    Re: How to Update Title Records After a Heggstad Petition
    The trustee should obtain a certified copy of the order granting the Heggstad petition, and record that order. The real estate agent for the home, as well as the title company that would be handling the sale, should be able to help with that process or perhaps even record the document on behalf of the trust.

    It may be possible to postpone action until the home is sold, and to provide the certified copy of the Heggstad petition at closing to be recorded as part of that process, but the trustee can avoid potential problems at closing if the order is recorded in advance, and if the order has not been recorded the buyers should be made aware of the plan to provide a copy of the order at closing.
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