Liebler created a revocable trust of which he was sole trustee in 1985 and conveyed ownership of a parcel of real property to that 1985 trust. In 2009, Liebler executed a new trust which stated that he transferred to the 2009 trust’s trustee all the property on a schedule which listed the same parcel of real property. Held, the 2009 trust’s language was sufficient to transfer the real property from the 1985 trust to the 2009 trust. No separate deed was needed to perfect the conveyance. Also, since the 1985 trust remained revocable with Liebler as the only trustee, his transfer of the property did not have to state that he did so as trustee of the 1985 trust. See Galdjie v. Darwish (2003) 113 Cal.App.4th 1331. However, the decision cautions that it decides only rights as between Liebler, the transferor, and the transferee. Third party creditors might have superior rights since the transfer was not recorded.
California Court of Appeal, Fourth District, Division 1 (Aaron, J.); April 13, 2016; 2016 WL 1465652