Garatie-Symonds v. Levenson
E. Gail Garatie-Symonds appeals from an order denying her petition to confirm that real property owned by her deceased husband, Henry R. Symonds III (husband), is an asset of an inter vivos trust. (Prob. Code, 1300, subd. (k); 850, subd. (a)(3)(B).)[1] Husband died intestate, but before his death, signed a declaration of trust and general assignments to fund the Henry R. Symonds III and E. Gail Garatie-Symonds Living Trust (trust). The trial court found that the general assignments do not satisfy the statute of frauds which requires that an express trust of real property not only be in writing but describe the real property so that it can be identified with reasonable certainty. ( 15206.) Court affirm.
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