Heaps v. Heaps

124 Cal. App. 4th 286, 21 Cal. Rptr. 3d 239 (2004)

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Heaps v. Heaps

Court of Appeal of California
124 Cal. App. 4th 286, 21 Cal. Rptr. 3d 239 (2004)

  • Written by Mary Pfotenhauer, JD

Facts

George and Barbara Heaps executed a revocable trust, which was to become irrevocable when one of them died. The trust permitted George and Barbara, while both were living, to amend or revoke the trust by executing another instrument. The trust also permitted the trustee to hold trust assets in the trustee’s name as trustee, in the trustee’s individual name without designation as the trustee, or in the name of someone nominated by the trustee. George and Barbara placed their residence into the trust. They later sold the residence, and in return received a note and deed of trust, which was titled in both of their names as joint tenants. Barbara died, and George married Mary Ann. George and Mary Ann created their own trust, and placed any interest in the residence and in the deed of trust into their new trust. The trial court held that Mary Ann was required to pay the trust assets over to George’s children.

Rule of Law

Issue

Holding and Reasoning (Sills, J.)

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