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Trust Instrument Was Effective in Transferring Both Real and Personal Property to the Trust

Nebraska_2

The decedent had created a revocable trust which stated that she was transferring to the trust certain property listed on Appendix A to the agreement. The appendix listed three parcels of real property as well as “a variety of personal effects, including bank accounts.” In Chebatoris v. Moyer, 757 N.W.2d 212 (Neb. 2008), the court affirmed summary judgment for the trustees against the special administrator of the decedent’s estate, holding that the trust document was effective as a deed to transfer the real property because it satisfied the statutory requirements for a deed. In addition, equity supported that conclusion as well as the conclusion that the personal property was transferred to the trust because the decedent’s intent was clear.

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