Kucker
Kucker v. Kucker
Opinion
Lead Opinion
Yegan, J.
*92 Opinion
Megan Kucker and Bonnie Alexander are successor trustees of the Mona S. Berkowitz Trust (the Trust). They filed a petition to confirm that shares of stock were an asset of the Trust. (Prob. Code, § 850, subd. (a)(3)(B); see also Estate of Heggstad (1993) 16 Cal.App.4th 943 [ 20 Cal.Rptr.2d 433 ].) 1 The shares had been owned by the deceased trustor, Mona S. Berkowitz (Trustor). Appellants appeal from the probate court’s order denying their petition. The probate court erroneously concluded that the Trustor’s general assignment to the Trust of her personal property was ineffective to transfer the shares of stock to the Trust. We reverse.
Background
On June 29, 2009, at the age of 84 years, Trustor signed a declaration creating a revocable inter vivos trust. On the same date, Trustor signed a general property assignment (the General Assignment) stating, “I . . . hereby assign, transfer and convey to Mona S. Berkowitz, Trustee of the [the Trust], all of my right, title and interest in all property owned by me, both real and personal and wherever located.” Trustor also signed a pour-over will leaving her entire probate estate to the Trust.