California Court of Appeal

Probate court's order denying plaintiff co-trustee's petition to confirm that two parcels of real property are part of the Larry Gene Mabee Revocable Trust's assets is reversed and the case is remanded with directions that the probate court enter an order granting the petition, where: 1) because the Trust Instrument states that all of Larry Gene Mabee's “right, title, and interest” to “all of his real property” is included in the Trust's assets, and because it is possible by resorting to extrinsic evidence to determine that Mabee held title to the two parcels, the statute of frauds creates no bar to plaintiff's petition for an order confirming that the two parcels are part of the Trust's assets; and 2) the probate court therefore erred by concluding that the statute of frauds was not satisfied and by denying the petition on that ground.

Appellate Information

• Decided 03/16/2015
• Published 03/16/2015

Judges

• Irion

Court

• California Court of Appeal

Counsel