Petition Other PRCal. Super. - 2nd Dist.December 22, 2016123 Judge SUPERIOR COURT OF CALIFORNIA, TENTATIVE RULINGS EVENT DATE: EVENT TIME: OXNARD DIVISION January 31, 2017 02/02/2017 09:00:00 AM DEPT.: J6 COUNTY OF VENTURA JUDICIAL OFFICER: Glen Reiser CASE NUM: CASE CATEGORY: EVENT TYPE: CASE TITLE: CASE TYPE:Probate Trust Proceedings 56-2016-00490414-PR-TR-OXN IN RE THE ARNI EUGENE HEIDRICH REVOCABLE TRUST Petition - Other (PR) - for Order Confirming Trust Asset CAUSAL DOCUMENT/DATE FILED: Petition - Other, 12/22/2016 stolo Settlor executed an inter vivos trust on January 23, 1997. Settlor allegedly purchased the real property at 756 Warrendale Avenue, Simi Valley, California, at some time in February 2015. The vesting deed is not attached to the petition. The asset was not transferred into settlor's trust prior to his death. The successor trustee seeks an order finding 756 Warrendale Ave. to be an asset of the trust. It is always been the rule that a trust cannot be created unless its res consists of specifically identifiable trust property owned by the settlor. See, e.g., Rest, 3d Trusts, §41. For this fundamental reason, no trust res on an inter vivos trust has ever permitted inclusion of after-acquired assets absent some otherwise enforceable contractual duty. Accordingly, the Court of Appeal in this district approves the practice of restating trusts containing a general assignment periodically in order to "capture any later acquired items not titled in the name of the trust". Kucker v. Kucker (2011) 192 Cal.App.4th 90, 95. The real property asset in question here was allegedly not acquired by the settlor until more than eight years after trust creation. To find the 2015 acquisition be a 1997 trust asset without formal transfer contravenes literally centuries of applicable trust law, and moreover, violates the statute of frauds. This is the reason settlor's estate planner drafted a pour-over will. The real property asset can pass to the trust as a court-ordered distribution upon close of probate. The petition is denied. gmr TENTATIVE RULINGS Page: 1
