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Ukkestad v. RBS Asset Finance, Inc.

California Court of Appeals, Fourth District, First Division

March 16, 2015

DANIEL UKKESTAD, as Co trustee etc., Plaintiff and Appellant,
v.
RBS ASSET FINANCE, INC., Defendant and Respondent.

APPEAL from an order of the Superior Court of San Diego County, No. 37-2013-00062564-PR-TR-CTL Julia C. Kelety, Judge.

Page 157

[Copyrighted Material Omitted]

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COUNSEL

Niddrie Fish & Addams, David A. Niddrie and John S. Addams for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

OPINION

IRION, J.

Daniel Ukkestad, who is a co trustee of the Larry Gene Mabee Revocable Trust (the Trust), appeals from the probate court's order denying his petition to confirm that two parcels of real property are part of the Trust's assets. We conclude that the probate court erred in denying the petition, and we accordingly reverse the probate court's order and remand with directions that the probate court enter an order granting the petition.

I

FACTUAL AND PROCEDURAL BACKGROUND

Larry Gene Mabee, who died on December 16, 2012, executed a First Amendment and Complete Restatement of the Trust on December 7, 2012 (the Trust Instrument), appointing himself as the trustee. On that same date,

Page 159

Mabee also executed a will, which contains a pour-over provision giving the residue of the estate to ...


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