Dennis Cook v. Weneta Kosmala

MEMORANDUM

Because property devised to an inter vivos trust from a will “is not deemed to be held under a testamentary trust of the testator but becomes a part of the trust to which it is given,” Cal. Prob.Code § 6300, the real property at issue here became a part of the inter vivos trust to which it was devised. We have held that “ ‘income distributions derived from an intervivos trust do not fit within’ the definition of § 541(a)(5)(A) and therefore escape ‘the pale of the 180 day dragnet.’ ” Neuton v. Danning (In re Neuton), 922 F.2d 1379 , 1384 n. 6 (9th Cir.1990) (quoting Newman v. Magill, 99 B.R. 881, 884-85 (C.D.Ill. 1989)). Therefore, the Debtor’s interest in the inter vivos trust assets is not property of the bankruptcy estate.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.