235 Cal. App. 4th 156
Cal. Ct. App.2015Background
- Decedent Larry Gene Mabee executed a Trust Instrument on December 7, 2012, declaring he assigned "all of his real and personal property" to trustees and naming himself trustee.
- Two parcels (1025 E. Bobier Dr., Vista; 80501 Avenue 48, Space 114, Indio) remained titled in Mabee's individual name at his death on December 16, 2012.
- Co-trustee Daniel Ukkestad petitioned (Prob. Code §850(a)(3)) to confirm the two parcels as trust assets, submitting recorded deeds and title documents showing Mabee’s ownership.
- Creditor RBS Asset Finance opposed, arguing the Trust Instrument did not satisfy the statute of frauds to transfer specific real property into the trust; probate court denied the petition on that ground.
- On appeal the parties resolved the creditor claim; the Court of Appeal reviewed de novo whether the Trust Instrument met the statute of frauds to convey the two parcels to the trust.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a settlor/owner-trustee’s general written assignment of "all" real property satisfies the statute of frauds so specific parcels become trust assets | The Trust Instrument’s broad language assigning "all of his real . . . property, wherever situated," combined with public title records, provides a sufficient written declaration/means to identify the parcels | General description is too indefinite under the statute of frauds; specific parcels must be described or separately conveyed | Held for Ukkestad: broad written declaration can satisfy statute of frauds where extrinsic evidence (public records) identifies the specific property; probate court erred in denying petition |
Key Cases Cited
- Beverage v. Canton Pacer Mining Co., 43 Cal.2d 769 (1955) (memorandum must identify land with reasonable certainty or give a "means or key" for identification)
- Sterling v. Taylor, 40 Cal.4th 757 (2007) (uncertain written terms may satisfy statute of frauds if extrinsic evidence makes them certain)
- Estate of Heggstad, 16 Cal.App.4th 943 (1993) (owner declaring self trustee can make real property trust property without separate deed if statute of frauds satisfied)
- Alameda Belt Line v. City of Alameda, 113 Cal.App.4th 15 (2003) (vague property description satisfied by extrinsic documentary evidence providing the means of identification)
- Brusseau v. Hill, 201 Cal. 225 (1927) (general assignments like "all my land" can be effective)
- Pettigrew v. Dobbelaar, 63 Cal. 396 (1883) (broad language describing "all lands" held sufficient)
- Bumb v. Bennett, 51 Cal.2d 294 (1958) (assignment of "all property...wherever situated" conveys real property)
- Osswald v. Anderson, 49 Cal.App.4th 812 (1996) (insufficient where trust referred to a nonexistent schedule identifying property)
- Kucker v. Kucker, 192 Cal.App.4th 90 (2011) (dicta suggesting general assignments may be insufficient for real property; not followed here)
Disposition: Reversed and remanded with directions to enter an order granting the petition confirming the two parcels as trust assets.