Cockren

FACTS

To recapitulate, in the underlying probate court case, which was brought pursuant to Probate Code section 850, the probate court entered judgment in favor of petitioner/respondent Dustin Cockren, finding that decedent William Rommel intended to, and did, convey his oil and gas lease and the underlying oil and gas rights to his revocable living trust, and that such assets, along with the royalty payments generated by the lease, should have been distributed after his death to the named beneficiary in the trust instrument and then to Dustin. The probate court determined the co-trustees had acted in bad faith by misappropriating the royalty payments generated by the oil and gas lease at issue (Rommel had entered into the lease with an oil company). In this regard, the court observed: “There has not been one iota of evidence presented by the Co-Trustees to justify their retention of these funds, whether in their capacity as co-trustees or in their individual capacities. Kelley Brown testified the Settlor told her that he intended that the

3. royalty checks be given to [the beneficiary named in the trust]. At a minimum, the Co- Trustees knew these proceeds did not belong to them…