IN RE: THE YERGENSON FAMILY REVOCABLE TRUST OF 2001
Petition for Order Confirming Trust Assets
Motion type
Ruling
CASE NUMBER: 26PB-0033338 This matter is on calendar for hearing on a Petition for Order Confirming Trust Assets. The matter has been properly noticed with proof of service on file. No objections have been raised. The Petition fails to establish that the Trustor intended to hold the subject property in Trust. The basis for the Petition is that, because the Trustor executed a pour-over will, he had a present intent to hold the subject property in the 16
name of the Trust. A pour-over will indicates an intent that any property not held in Trust at time of death be devised to the Trust after death. A pour-over will does not support a present intent to hold the subject property in the name of the Trust during the decedent’s lifetime. No other evidence was provided to show the decedent had a present intent to hold the subject property in Trust while he was living. The Petition is DENIED without prejudice. The clerk is instructed to close the file. No appearance is necessary on today’s calendar.
IN RE: EDWARD H. YOUNG AND JUDY J. YOUNG 2010 FAMILY TRUST
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