Reese, as Trustee v. Reese CA2/5

Filed 1/19/16 Reese, as Trustee v. Reese CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

DAVID M. REESE, as Trustee, etc., B264733

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BP150771) v.

STEVEN REESE,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Daniel S. Murphy, Judge. Affirmed in part and reversed in part with instructions. Jay Oberholtzer for Plaintiff and Appellant. No appearance for Defendant and Respondent.

I. INTRODUCTION

Plaintiff, David M. Reese, is the trustee of the Leonard A. Reese Living Trust of March 23, 2006 (the trust). Plaintiff is Leonard’s son. Leonard had two other sons, Dennis A. and Steven E. Reese 1. Steven is the administrator of Leonard’s estate. Plaintiff filed a petition seeking to confirm that certain real property was owned by the trust. Steven objected to plaintiff’s petition. The probate court found in plaintiff’s favor and ruled the real property was owned by the trust. However, the probate court further ruled that the trust did not address how the real property would be distributed. The probate court ruled the real property should pass to Leonard’s intestate estate because there was no will. In his capacity as trustee, plaintiff appeals from a final order following a brief trial based on the agreed-to submission of documents. Plaintiff does not appeal from the probate court’s finding that the trust owned the real property. However, plaintiff asserts the probate court erred by ruling on issues not before it. We conclude the probate court erred because it acted in excess of the issues posited by plaintiff’s petition.