Ukkestad

Ukkestad v. RBS Asset Finance, Inc.

Good Law
185 Cal. Rptr. 3d 145·2015 Cal. App. LEXIS 237·235 Cal. App. 4th 156
Court of Appeal of CaliforniaMarch 16, 2015D065630California2,973 words

Opinion

Opinion

Irion, J.

Daniel Ukkestad, who is a cotrustee of the Larry Gene Mabee Revocable Trust (the Trust), appeals from the probate court’s order denying his petition to confirm that two parcels of real property are part of the Trust’s assets. We conclude that the probate court erred in denying the petition, and we accordingly reverse the probate court’s order and remand with directions that the probate court enter an order granting the petition.

I

FACTUAL AND PROCEDURAL BACKGROUND

Larry Gene Mabee, who died on December 16, 2012, executed a first amendment and complete restatement of the Trust on December 7, 2012 (the Trust Instrument), appointing himself as the trustee. On that same date, Mabee also executed a will, which contains a pour-over provision giving the residue of the estate to the trustees of the Trust.

Mabee owned two parcels of real estate that are the subject of this appeal: (1) a parcel at 1025 East Bobier Drive, in Vista, California, and (2) a parcel known as 80501 Avenue 48, Space 114, in Indio, California (collectively, the Two Parcels). According to the grant deeds, title to the Two Parcels was held by Mabee as an individual.

The Trust Instrument does not describe…

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