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Ukkestad v. RBS Asset Finance
Filed March 16, 2015, Fourth District, Div. One
Settlor established a Trust which recited that all of his “right, title and interest” to “all of his real … property” is included in the Trust’s assets. After the Settlor’s death, the Co-Trustee brought a petition under Prob. C. § 850 for an order that two parcels held in the name of the Settlor were part of the Trust. In reversing the trial court’s denial of the petition, the appellate court noted that a Heggstad petition will lie if the owner of the real property is the settlor creating the trust with him or her as trustee and if the transfer of the real property complies with the statute of frauds. Held, the recital in the Trust satisfied the statute of frauds because it could be established by extrinsic evidence that the Settlor held title to the parcels.
