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Ravi Patel

Ravi Patel

Law Office of Ravi Patel
  • Estate Planning, Probate
  • California
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Claimed Lawyer ProfileQ&A
Biography

My name is Ravi Patel and I am trust litigation attorney based in Oakland, California. I have experience filing Heggstad Petitions throughout the state.

After I graduated from Duke University School of Law, I joined a general practice law firm in my hometown, Bakersfield, California. I worked on various transactional and litigation matters and gained a broad breadth of experience in legal areas including water law, public agency law, property taxes, local taxes, real estate law, and land use law. In 2019, my partner and I relocated to Oakland, California, where I worked for the Oakland City Attorney’s office. As a Deputy City Attorney, I helped the City of Oakland prepare tax policy and pursue tax debts.

I started this practice in 2020. I provide trust litigation services to trustees and beneficiaries looking to claim trust property, remove trustees, or amend, interpret, or enforce trust provisions.

My practice focuses in particular on filing Heggstad Petitions throughout California. Heggstad Petitions are a specialized form of trust petition that allows a trustee to claim property that was accidentally left out of trust, in lieu of going through a probate. Most commonly, Heggstad Petitions are used by successor trustees to confirm the deceased original trustee's home as a trust asset. In that case, the original trustee may have forgotten or neglected to record a deed retitling their home as a trust asset after they executed their trust. Without a court order, the house would have to go through probate, a long and expensive process. But, so long as the trust lists the home as a trust asset, a court can confirm the home as a trust asset for legal purposes. Heggstad Petitions save successor trustees considerable time and money and can be used for homes, accounts, cars, and all kinds of property. https://ravilaw.com/heggstad-petitions

Practice Areas
Estate Planning
Guardianship & Conservatorship Estate Administration, Guardianship & Conservatorship Estate Administration, Health Care Directives, Health Care Directives, Trusts, Trusts, Wills, Wills
Probate
Probate Administration, Probate Litigation, Will Contests
Fees
  • Free Consultation
    I provide free consultations for estate planning services. I offer all estate planning services on a flat rate basis. I offer limited in-person services in Downtown Oakland, and virtual services throughout the state. I provide consultations for all trust administration-related services. My practice focuses on filing Heggstad Petitions throughout California. Heggstad Petitions are a trust petition that allows a successor trustee to correct or re-title property (including houses, accounts, or other property) as assets of a trust.
  • Credit Cards Accepted
  • Contingent Fees
    I accept contingent fee cases for beneficiaries who are seeking to enforce terms of a trust. I litigate cases between siblings, cousins, or other co-beneficiaries regarding the terms of trusts or their proper administration. I file petitions to enforce trust terms, remove trustees, and clarify trust terms. In appropriate cases, my office will pay initial expenses of litigation.
Jurisdictions Admitted to Practice
California
State Bar of California
ID Number: 301258
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Languages
  • English
Professional Experience
Owner
Law Office of Ravi Patel
- Current
The Law Office of Ravi Patel is a trusts and estates practice focused on heggstad petitions, trust litigation, and estate planning. We have won heggstad petitions throughout California. We have won heggstad petitions for homes, bank accounts, cars, and other types of assets. Our heggstad petitions have saved clients hundreds of thousands of dollars in estate administration fees. The Law Office of Ravi Patel provides trust litigation services to clients in Alameda County. We file cases for beneficiaries of trusts who are seeking to enforce trust terms, remove a trustee, or clarify the intention of the trust. In appropriate cases, we take cases on a contingent basis. The Law Office of Ravi Patel provides estate planning services throughout California. We provide in-person services in Downtown Oakland and virtually throughout California. We can help you prepare a living trust, will, power of attorney, guardianship, spousal property agreement, and other estate planning documents.
Deputy City Attorney
City of Oakland
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I served as a tax and finance deputy City Attorney for the City of Oakland.
Education
Duke University School of Law
J.D. (2014) | Law
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Honors: Cum Laude
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University of California - Berkeley
B.A. (2010) | History
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Honors: Honors
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Professional Associations
State Bar of California  # 301258
Member
Current
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Websites & Blogs
Website
Law Office of Ravi Patel
Website
Heggstad Petitions
Blog
Ravi Law Blog
Legal Answers
4 Questions Answered
Q. I want to petition the court for both my brother to be assigned a successor trustee over my grandmother's living trust.
A: There are no particular forms to accomplish the goal of being appointed as successor trustee.

You need to start with the terms of the trust. If there is a current trustee, they generally have a right to serve absent a court order removing them or incapacity. Some trusts allow a trustee to resign, but unless expressly allowed, a trustee cannot resign without a court order.

If the office of successor trustee is vacant, then it can be filled by any means provided for in the trust. Some trusts provide that a vacancy can be filled by a majority vote of the beneficiaries, or some other means.

If the trust provides no terms for filing the vacancy, then a court order is necessary. A petition to be appointed in this situation needs to make a request pursuant to Probate Code section 17200. The petition must state facts justifying the appointment. The petition list residential or business addresses for every trustee and beneficiary of the trust. Those persons must also receive notice of the hearing on the petition on form DE-120.

If you are interested in filing a petition to be appointed trustee on your own, I would recommend going to a law library and reviewing the following title: Matthew Bender Practice Guide: California Trust Litigation. That guide will include forms and further instructions and tips for filing a successful petition.
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Q. Can I remove a beneficiary on my family trust if he’s involved in a lawsuit?
A: A revocable trust can be amended at any time for any reason. Most trust also have "spendthrift" terms that clarify that a beneficiary's' "share" is not available to creditors until it is actually distributed to them. If your trust has that kind of term, you would probably be safe. But you should consult an attorney before making the amendment, the lawsuit may create a number of risks.
Q. collect a court order debt in small claim from the deceased access or estate. Court Advisor me to file correct form
A: Your question is not entirely clear, but it seems like you may need to file a "creditors claim" if the decedent has a probate open. If not, you may have to open a probate for them. But that could be more of a hassle and expense than you really want.
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Contact & Map
1999 Harrison St. Suite 1800
Oakland, CA 94612
US
Telephone: (510) 443-0443