I recently spent a morning in Los Angeles Superior Court’s Probate Department, where I was one of 29 cases on the docket. My case was last, meaning I sat through hours of proceedings—each one a failure to plan properly.
What Was in Court That Day?
9 cases were full probate matters—meaning no Trust was in place or a Will required court intervention.
20 were Trust cases—but these weren’t smooth administrations. They involved:
Removing an incapacitated Trustee.
Disputes over unequal distributions among children.
Lawsuits over missing assets.
Court-mandated accountings.
My case? A classic mistake: the house wasn’t in the Trust.
The homeowner had refinanced the property, which removed it from the Trust, but never put it back in. In Los Angeles, courts typically approve Heggstad Petitions (to retroactively place assets in a Trust), but some judges are no longer routinely granting them.
Why This Matters for You
80% of Trusts fail and end up in court—defeating their purpose. The biggest mistakes?
✅ Not properly funding the Trust (putting assets into it).
✅ Naming the wrong people as Trustees (who later cause conflicts).
✅ Not updating the Trust to reflect changes in laws or family situations.
If you have a Trust, make sure your home, bank accounts, and assets are properly titled. If you’re unsure, I can help you review and update your Trust to avoid court.
Give me a call to make sure your Trust actually works when you need it.
