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Wills, Trusts & Estates Keyed to Sterk
Heaps v. Heaps
Citation:
21 Cal. Rptr. 3d 239 (2004)Facts
In 1985, George and Barbara Heaps established a revocable living trust, which would become irrevocable upon the death of one spouse, dividing into a “family” trust and a “marital” trust. The surviving spouse would remain the sole trustee of the marital trust, with the family trust having co-trustees. The family trust allowed the surviving spouse to request an annual principal invasion, up to $5,000 or 5% of the assets, by December 1 each year. The key asset in the trust was the Circle Haven property, transferred to the trust via a quitclaim deed in 1985, though it was never recorded. In 1990, George and Barbara sold the property for $320,000, receiving a note and deed of trust for $236,000 in return. Barbara passed away in 1994. Section 5.06 of the trust provides that the Trustee may hold securities or other property held by Trustee in trust pursuant to this Declaration in Trustee’s name as Trustee under this Declaration, in Trustee’s own name without a designation showing it to be Trustee under this Declaration, in the name of Trustee’s nominee, or the Trustee may hold such securities unregistered in such condition that ownership will pay by delivery.
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