Court Errs in Denying Cotrustee’s Order Confirming a Trust’s Assets.

Posted on: August 20, 2016

In the case Ukkestad v. RBS Asset Finance, Inc (2015) 235 Cal. App. 4th 156, the Court of Appeal held that a probate court had erred when they denied a cotrustee’s petition to confirm two parcels of real property as trust assets after the settlor’s death.

The probate court ruled denied the petition on the grounds that the statute of frauds had not been satisfied. However, because a trust instrument created by the owner of real property as a trustee through Prob. Code § 15200 stated that all of the settlor’s rights, titles, and interest to all of his property had been included, the statute of frauds did not stop the cotrustee from receiving an order confirming that the two parcels of property were in fact part of the trust’s assets.

• • •